Sketty v Bwana & 10 others (Environment & Land Case 213 of 2019) [2023] KEELC 211 (KLR) (25 January 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 211
- Citation
- [2023] KEELC 211 (KLR)
- Decided
- 25 January 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an order dismissing the suitCoramN A MATHEKA
Holding
The application is granted, and the order of May 26, 2022 dismissing the suit is set aside. The suit is reinstated for hearing on merit with no orders as to costs.
Facts
The plaintiff, Munir Mohamed Sketty, did not attend court on May 26, 2022 due to his former advocates not being served with the court date. The matter was rescheduled to May 26, 2022, but the plaintiff was represented by a different firm at that time.
Issues
- Whether the plaintiff's absence from court on May 26, 2022 was due to accident, inadvertence, or excusable mistake or error.
- Whether the plaintiff's application to set aside the order dismissing the suit should be granted.
Reasoning
The plaintiff has demonstrated that his former advocates were not served with the court date, leading to his absence from the scheduled hearing. The court finds that this was due to an accident or inadvertence and not due to deliberate obstruction.
Outcome
The suit is reinstated for hearing on merit.
Orders
- Order to set aside the order of May 26, 2022 dismissing the suit.
- Reinstatement of the suit for hearing on merit.
Remedies
- No orders as to costs as the suit was undefended.
Authorities cited
Legislation (2)
- Civil Procedure Act cap 21 Laws of Kenya
- Civil Procedure Rules, 2010
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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