Samuel Oluoch Helu v National Social Security Fund [2021] KEELC 2536 (KLR)
- Court
- Environment & Land Court
- Case number
- 2536
- Citation
- [2021] KEELC 2536 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from dismissal of suitCoramB M Ebose
Holding
The order dismissing the suit is set aside, and the suit is reinstated.
Facts
The plaintiff failed to attend court on 10/2/2020 due to a mis-diarization of the case as coming up for hearing on 24/2/2020.
Issues
- Whether the plaintiff has demonstrated a proper basis for the court to exercise its discretion to set aside the dismissal order
Reasoning
The court has discretionary power to reinstate a dismissed suit, but it should be exercised judiciously.
Outcome
Reinstated
Orders
- Dismissal order set aside
- Reinstatement of the suit
- Throwaway costs of Ksh 15,000 to be paid by the plaintiff within 45 days
- Parties to file and exchange documents within 45 days
- Further directions to be given by the court
Remedies
- Reinstatement of the suit
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.
Loading judgment…