Nyaigoti v Oketch (Sued in her Capacity as the Personal Representative of the Estate of Anderikus Ogalo Wao) (Environment & Land Case 179 of 2017) [2022] KEELC 14683 (KLR) (31 October 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 14683
- Citation
- [2022] KEELC 14683 (KLR)
- Decided
- 31 October 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a dismissal of a suit for want of prosecutionCoramMN KULLOW, Mativo
Holding
The application is dismissed with costs to the respondent.
Facts
The plaintiff, Nyaigoti, sought to set aside the dismissal of his suit by the court on May 13, 2021, claiming that he was unable to attend court due to his long-term illness. The court was informed that the matter was scheduled for notice to show cause on several occasions, but the plaintiff failed to attend on the remaining dates.
Issues
- Whether the plaintiff has made out a case for setting aside the dismissal order made on May 13, 2021 and all the consequential orders.
Reasoning
The court found that the plaintiff's failure to attend court on the remaining dates was inexcusable and did not warrant the exercise of the court's discretion in his favor. The plaintiff's long-term illness was not supported by evidence.
Outcome
The application is dismissed.
Orders
- The application is dismissed with costs to the respondent.
Authorities cited
Cases cited (2)
- Mbogo vs Shah 1968 EA 93
- CMC Holdings Limited vs Nzioki [2004]1 KLR 173
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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