Sagoo & another v Mesa (Civil Case 71 of 2015) [2023] KEELC 21475 (KLR) (9 November 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 21475
- Citation
- [2023] KEELC 21475 (KLR)
- Decided
- 9 November 2023
The court allows the application for reinstatement of the plaintiffs' application dated May 23, 2023, finding that the plaintiffs' absence was due to bereavement and technical difficulties, which are excusable.
Facts
The plaintiffs filed a suit on December 30, 2014, and the matter was scheduled for hearing on September 16, 2020. The plaintiffs' counsel was absent on that date, and the court dismissed the suit with costs. The plaintiffs then filed an application for reinstatement on May 23, 2023, which was dismissed. The plaintiffs now seek reinstatement on the grounds of bereavement and technical difficulties.
Issues
- Whether the plaintiffs have established sufficient cause to warrant reinstatement of the application
Reasoning
The court exercises its discretion to allow the reinstatement of the application, considering the plaintiffs' circumstances as excusable mistakes and not deliberate delays.
Outcome
Application for reinstatement granted
Orders
- Set aside the dismissal of the plaintiffs' application dated May 23, 2023, and reinstate it for hearing
Authorities cited
Legislation (2)
- Civil Procedure Rules 2010
- Civil Procedure Act
Cases cited (4)
- Shah v Mbogo & Another (1967) EA 116
- Richard Ncharpi Leiyagu v Independent Electoral Boundaries Commission & 2 Others [2013] eKLR
- Philip & Another v Augustine Kibede 1982-88 KLR 103
- Fran Investment Limited v G4S Security Services Limited (2015) eKLR
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