Chairman B.O.M of Vikutsa Primary School v Moses Abwoba & 5 others [2020] KEELC 1519 (KLR)
- Court
- Environment & Land Court
- Case number
- 1519
- Citation
- [2020] KEELC 1519 (KLR)
- Decided
- 28 July 2020
Summary at a glance
TypeCivilPostureApplication for reinstatement of dismissed suitCoramN.A. Matheka
The court grants the application for reinstatement of the plaintiff's suit, finding that the plaintiff's delay in prosecuting the case was inexcusable.
Facts
The plaintiff, a public primary school, had its suit against the defendants dismissed on December 9, 2019, due to the non-attendance of the plaintiff's witnesses. The plaintiff claims the non-attendance was due to illness and seeks to reinstate the suit.
Issues
- Whether the dismissal of the plaintiff's suit was justified
- Whether the plaintiff's application for reinstatement should be granted
Reasoning
The court held that the plaintiff's delay in prosecuting the case was inexcusable and that the non-attendance of the plaintiff's witnesses was due to illness, which was beyond their control.
Outcome
The court reinstates the plaintiff's suit and grants costs to the plaintiff.
Orders
- The order of dismissal of the plaintiff's suit against the defendants be set aside and the suit be reinstated for hearing.
- There be a stay of execution of judgment against the plaintiff pending hearing and determination of this application.
- That costs of the application be provided for.
Remedies
- Reinstatement of the plaintiff's suit for hearing
Authorities cited
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