Davies Motors Corporation Limited v Marshalls East Africa Limited & another [2019] KEELC 360 (KLR)
- Court
- Environment & Land Court
- Case number
- 360
- Citation
- [2019] KEELC 360 (KLR)
- Decided
- 11 December 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for setting aside and/or varying and/or reviewing orders made on 20th September 2017CoramL. KOMINGOI
Holding
The application is allowed, and the main suit is reinstated unconditionally and set down for further hearing on a priority basis.
Facts
The plaintiff/applicant sought to have the main suit reinstated unconditionally and set down for further hearing on a priority basis, arguing that the suit was dismissed for non-attendance of the plaintiff/applicant.
Issues
- Setting aside and/or varying and/or reviewing the orders made on 20th September 2017
- Reinstating the main suit unconditionally and setting it down for further hearing on a priority basis
Reasoning
The court exercised its discretion in favor of the plaintiff/applicant, finding the application merited and granting the prayer to set aside and review the orders.
Outcome
The application is allowed.
Orders
- The main suit is reinstated unconditionally and set down for further hearing on a priority basis.
- The costs of the application are to be provided for.
Remedies
- Reinstatement of the main suit and further hearing on a priority basis.
Authorities cited
Legislation (2)
- Civil Procedure Act, Cap 21 of the Laws of Kenya
- Civil Procedure Rules, 2010
Cases cited (1)
- Belinda Murai & Others vs Amoi Wainaina [1978] LLR
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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