Peter Mwai Kagagi & another v David Kungu Ng’ang’a & 4 others [2019] KEELC 3807 (KLR)
- Court
- Environment & Land Court
- Case number
- 3807
- Citation
- [2019] KEELC 3807 (KLR)
- Decided
- 3 April 2019
Summary at a glance
TypeCivilPostureAppeal from original trialCoramL. KOMINGOI
The application is granted, and the orders of dismissal are set aside. The suit is reinstated and set down for hearing within 90 days.
Facts
The plaintiffs/applicants sought to reinstate a dismissed case involving ownership of land, alleging that their advocates failed to inform them of the progress and that they were not served with a dismissal notice.
Issues
- Whether the application to set aside the dismissal orders is merited.
- Whether the plaintiffs/applicants have suffered undue delay in prosecuting the case.
Reasoning
The court finds that the plaintiffs/applicants have given a reasonable explanation for the delay and that no prejudice will be occasioned to the defendants if the suit is reinstated.
Outcome
Appeal allowed, suit reinstated
Orders
- The orders of 28th May 2015 dismissing the suit are hereby set aside.
- The suit herein is reinstated.
- The plaintiffs/applicants set down the suit for hearing within ninety (90) days from the date hereof in default the suit shall stand dismissed.
Remedies
- Costs of the application to be borne by the plaintiffs/applicants.
Authorities cited
⚠ 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.
Loading judgment…