Stephen Kinja M’ Kiaira v Joseph Michubu Birithia [2018] KEELC 974 (KLR)
- Court
- Environment & Land Court
- Case number
- 974
- Citation
- [2018] KEELC 974 (KLR)
Summary at a glance
TypeMiscellaneous ApplicationPostureApplicant seeks reinstatement of an earlier dismissed application.CoramHON. LUCY. N. MBUGUA, C/A: Janet Ashaba, Nkunja
The application is allowed but with costs to the respondent.
Facts
The applicant's application was dismissed on 9/4/2018 due to the absence of the applicant and his counsel. The applicant filed a new application on 10/4/2018.
Issues
- Mistake of counsel
- Discretionary exercise
Reasoning
The court excuses the mistake of counsel due to the expeditious filing of the new application and the court's recent workload.
Outcome
Application allowed with costs to the respondent.
Orders
- Application allowed
Authorities cited
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