John Okumu Odulla v John Owuor Osore [2019] meKLR [2019] KEELC 2199 (KLR)
- Court
- Environment & Land Court
- Case number
- 2199
- Citation
- [2019] KEELC 2199 (KLR)
- Decided
- 31 July 2019
The court allows the Plaintiff's motion to set aside the order of March 20, 2017 and reinstate the suit, but the Plaintiff must pay the Defendant Kshs. 20,000 in throwaway costs within 30 days.
Facts
The Plaintiff filed a suit on February 25, 2011, and the Defendant filed their defence on March 7, 2017, after the court issued a notice to show cause on November 24, 2016. The Plaintiff did not attend the court on March 20, 2017, when the suit was dismissed.
Issues
- Whether the Plaintiff has reasonable cause to set aside the order of March 20, 2017 and reinstate the suit.
- Who pays the costs.
Reasoning
The court finds that the Plaintiff deserves a last chance to prosecute the case, but the Plaintiff must pay the Defendant Kshs. 20,000 in throwaway costs.
Outcome
The Plaintiff's motion is granted, but with a condition that the Plaintiff pays the Defendant Kshs. 20,000 in throwaway costs within 30 days.
Orders
- The order dismissing the suit for want of prosecution of March 20, 2017 is set aside and the suit is reinstated.
- The Plaintiff must pay the Defendant Kshs. 20,000 in throwaway costs within 30 days.
Remedies
- The reinstatement of the suit with a condition that the Plaintiff pays the Defendant Kshs. 20,000 in throwaway costs within 30 days.
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