Omari Wafula Asman v John Tabalya Mukite [2021] KEELC 4500 (KLR)
- Court
- Environment & Land Court
- Case number
- 4500
- Citation
- [2021] KEELC 4500 (KLR)
- Decided
- 2 February 2021
The court dismissed the application as the delay in filing the application was not prolonged and inexcusable, and justice could still be done despite the delay.
Facts
The plaintiff filed a suit against the defendant over the suit premises. The plaintiff entered into a lease agreement with the defendant, but the defendant renovated the premises and sought to let them to a third party. The plaintiff lodged the suit after the defendant sought to let the premises to a third party. The plaintiff's erstwhile advocate failed to inform the plaintiff of the dismissal of the suit, and the plaintiff was served with the bill of costs after the suit was dismissed.
Issues
- Whether the suit should be reinstated for hearing and determination on the merits.
- Whether time should be extended to enable the arbitration to be conducted and concluded.
Reasoning
The court found that the plaintiff was not aware of the dismissal of the suit until the bill of costs was served upon him. The court also found that both parties were partly to blame for the collapse of the arbitration proceedings.
Outcome
Application dismissed
Authorities cited
Cases cited (4)
- Ivita vs Kyumbu 1984 eKLR
- Associated Warehouse Co Ltd and Others Vs Trust Bank Ltd HCCC No. 1266 of 1999 (unreported)
- Article 159 (2) (d) of the Constitution
- Article 50 of the Constitution
Loading judgment…