Salaash & another v Partoti (Environment & Land Case 79 of 2018) [2022] KEELC 2768 (KLR) (30 June 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 2768
- Citation
- [2022] KEELC 2768 (KLR)
- Decided
- 30 June 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureMotion to set aside order of dismissal for want of prosecutionCoramMN GICHERU
Holding
The order of dismissal dated 8/12/2021 is set aside, and the suit is reinstated and heard on merit.
Facts
The case was moved from Machakos to Kajiado, and the Plaintiffs' counsel faced difficulties in tracing the file. The pandemic made access to justice complicated.
Issues
- Whether the order of dismissal should be set aside
- Whether the Plaintiffs have attended court since 28th July, 2018
Reasoning
The Plaintiffs provided a good explanation for the delay, and the transfer and pandemic were good reasons for the delay.
Outcome
The Plaintiffs' application is allowed in its entirety.
Orders
- The order of dismissal dated 8/12/2021 is set aside
- The suit is reinstated and heard on merit
Remedies
- Reinstatement of the suit
Authorities cited
Legislation (1)
- Civil Procedure Rules
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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