Bantus Investments Limited v Kenya Wildlife Service [2018] KEELC 4147 (KLR)
- Court
- Environment & Land Court
- Case number
- 4147
- Citation
- [2018] KEELC 4147 (KLR)
- Decided
- 8 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a dismissal of a suitCoramL. KOMINGOI
Holding
The court finds merit in the Plaintiff's application and reinstates the suit with conditions, including payment of costs and setting down for hearing.
Facts
The Plaintiff, Bantus Investments Limited, brought a suit against the Defendant, Kenya Wildlife Service, seeking to set aside and review orders dismissing the suit. The Plaintiff claimed that the delay in prosecuting the suit was due to an oversight by an advocate who failed to communicate court directions.
Issues
- Whether the Plaintiff's delay in prosecuting the suit was due to an oversight and not indolence.
- Whether the court should set aside the dismissal of the suit and reinstate it with conditions.
Reasoning
The court finds that the Plaintiff's delay was due to an oversight and not indolence, and that the Plaintiff deserves another chance to have their case heard.
Outcome
The court reinstates the Plaintiff's suit with conditions and sets down for hearing.
Orders
- The orders of the court dated 22/11/2016 dismissing the suit are hereby set aside and the suit is hereby reinstated.
- The Plaintiff do set down the suit for hearing on a debate to be granted at the registry on a priority basis.
- The Plaintiff do bear costs of this application.
Remedies
- Reinstatement of the suit with conditions
- Setting down for hearing
Authorities cited
Legislation (2)
- Civil Procedure Act
- Constitution of Kenya, 2010
Cases cited (4)
- J. Gikonyo in Mwangi S. Kaimenyi –vs- The Attorney General And Another (2014) eKLR
- Philip Chemwolo & Another –vs- Augustine Kubede 1982-85 KAR103
- Shah –vs- Mbogo (1967) EA 116
- Nakuru HCCC No 219 of 1999 Mea Limited –vs- Gititu Coffee Growers Cooperative, Nairobi HCCC No 586 of 2001 Agriculture Syndicate Limited –vs- Paramount Bank Limited
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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