Pangos Limited v Kenya Wildlife Service (Environment & Land Case 455 of 2011) [2023] KEELC 205 (KLR) (26 January 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 205
- Citation
- [2023] KEELC 205 (KLR)
- Decided
- 26 January 2023
Summary at a glance
TypeCivilPostureAppeal from a dismissal for want of prosecutionCoramNA MATHEKA
The application has merit and is granted
Facts
Pangos Limited filed an application under article 50 of the Constitution and sections 1A, 1B, 3, and 3A of the Civil Procedure Act seeking reinstatement of a dismissed suit due to a delay in service.
Issues
- Whether the delay in service was prolonged and inexcusable
- Whether justice can still be done despite the delay
- Whether the plaintiff or defendant will be prejudiced by reinstating the suit
Reasoning
There was some miscommunication between the applicant and their former advocate, and the court finds the excuse for the delay plausible, thus justice should be done despite the delay.
Outcome
The application is granted
Orders
- The application is granted as prayed
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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