Pauline Wanjiku Ndegwa v Margaret Magiri Mwangi [2019] KEELC 2474 (KLR)
- Court
- Environment & Land Court
- Case number
- 2474
- Citation
- [2019] KEELC 2474 (KLR)
- Decided
- 16 July 2019
Summary at a glance
TypeCivilPostureApplication for reinstatement of a dismissed applicationCoramJ.G. KEMEI
The application is allowed, the application dated 21st February 2019 is reinstated, and costs are payable by the Plaintiff/Applicant.
Facts
The Plaintiff/Applicant filed an application under certificate of urgency on 28th March 2019, seeking to have a dismissal order from 21st February 2019 set aside. The Defendant/Respondent was absent from the court.
Issues
- Whether the Plaintiff/Applicant's late attendance at court was due to unavoidable circumstances
- Whether the Plaintiff/Applicant's action in not attending court was intended to obstruct or delay the course of justice
Reasoning
The Judge found that the Plaintiff/Applicant's late attendance was due to unavoidable circumstances and not to obstruct or delay the course of justice. The Judge exercised discretion in favor of the Plaintiff/Applicant.
Outcome
The application is allowed, the application dated 21st February 2019 is reinstated, and costs are payable by the Plaintiff/Applicant.
Orders
- The application dated 21st February 2019 is reinstated
Remedies
- Reinstatement of the application dated 21st February 2019
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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