Abdul Okoth Masud v Isha Ngoma Abdi [2021] KEELC 1364 (KLR)
- Court
- Environment & Land Court
- Case number
- 1364
- Citation
- [2021] KEELC 1364 (KLR)
- Decided
- 27 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for reinstatement of dismissed suitCoramG M A Ongondo
Holding
The dismissal of the applicant's suit on 14th July 2019 was a mistake occasioned by his counsel. The application is meritorious and the suit is reinstated.
Facts
The applicant was the plaintiff in a suit dismissed on 14th March 2019 for want of prosecution. He claims he was not informed about the dismissal and that it was not his own mistake.
Issues
- Whether the applicant has shown sufficient cause to prompt the court to set aside the orders of dismissal
- Whether the applicant's counsel's mistake should be visited upon the applicant
Reasoning
The court found that the applicant's counsel's mistake should not be visited upon the applicant and that he has an unhindered access to justice and the right to fair hearing.
Outcome
The application is allowed, the suit is reinstated, and the orders of dismissal are set aside with costs.
Orders
- The suit is reinstated
- The orders of dismissal are set aside with costs
Remedies
- Reinstatement of the suit
Authorities cited
Legislation (2)
- Civil Procedure Act Chapter 21 Laws of Kenya
- Constitution of Kenya 2010
Cases cited (3)
- Shabir Din-vs-Ram Parkash Anand (1955) EACA Volume 22 at page 48
- George Ouma Odhiambo-vs-Philip Juma Okelo (2019) eKLR
- James Kanyiita Nderitu and another-vs-Marios Philotas Ghikas and another (2016) eKLR
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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