Republic v M’Thiringi M’Anmpiu & another v District Land Adjudication Officer & Settlement Officer Tigania East & another; Peter Miriti M’Lingera & 4 others (Interested Parties) [2021] KEELC 3314 (KLR)

Facts

The applicants sought orders for reinstatement of a dismissed suit, revival of granted orders, and substitution of the first applicant with the administrator of the estate of the deceased applicant. The application was based on the applicants' claim that they were misinformed by their advocate and that the delay in prosecuting the matter was inadvertent.

Issues

1. Whether the application for reinstatement, revival, and substitution of the applicant is valid
2. Whether the suit was ever filed as directed by the court on 22.2.2017

Reasoning

The court found that no substantive motion was ever filed, and no further action was taken on the file. The court also cited the case of Mary Kiunga Ikiome v H Young Company Ltd [2019] eKLR, stating that there was no suit pending and that the provisions of Article 50 and 159 of the Constitution cannot salvage the situation.

Outcome

Dismissed

Authorities cited