Zebedee Mmata Injera v Benson Anubi Luhong; Joanne C.K. Luhongo (Interested Party) [2021] KEELC 2795 (KLR)
- Court
- Environment & Land Court
- Case number
- 2795
- Citation
- [2021] KEELC 2795 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for reinstatement of suitCoramS. M. KIBUNJA
Holding
The court finds merit in the applicant's application and sets aside the dismissal order, reinstating the suit for hearing and determination on merit. The applicant is ordered to pay the respondent thrown away costs of Kshs.20,000.
Facts
The plaintiff/applicant filed a Notice of Motion seeking the reinstatement of a suit dismissed for non-attendance on 31st May, 2018. The defendant/respondent did not file any reply or submissions.
Issues
- Whether the applicant has provided a reasonable explanation for his non-attendance.
- Whether the court should exercise its discretionary power to set aside the dismissal order and reinstate the suit.
- Who should bear the costs of the application.
Reasoning
The court finds that the applicant has provided sufficient cause for his non-appearance due to a mistake by his previous advocate, and that such a mistake is a sufficient excuse under the Civil Procedure Rules.
Outcome
Application allowed
Orders
- Dismissal order of 31st May, 2018 is set aside
- Suit reinstated for hearing and determination on merit
- Applicant pays respondent thrown away costs of Kshs.20,000
Remedies
- Removal of the dismissal order
- Reinstatement of the suit for hearing and determination on merit
- Payment of thrown away costs
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules 2010
Cases cited (4)
- Joseph Kinyua v GO Ombachi [2019] eKLR
- Belinda Muras & 6 Others vs Amos Wainaina [1978] KLR
- Phillip Chemwolo & Another vs Augustine Kubede [1982-88] KLR
- Martha Wangari Karua vs IEBC Nyeri Civil Appeal No.1 of 2017
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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