Philip Muoka & Company Advocates v SBM Bank (K) Limited (Miscellaneous Case E199 of 2022) [2024] KEELC 13658 (KLR) (25 November 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 13658
- Citation
- [2024] KEELC 13658 (KLR)
- Decided
- 25 November 2024
Summary at a glance
TypeMiscellaneousPostureAppeal from dismissal for want of prosecutionCoramM.D. MWANGI
The dismissal order is set aside, and the bill of costs is reinstated for purposes of taxation.
Facts
The applicant, Philip Muoka & Company Advocates, had his bill of costs dismissed for want of prosecution on 11th November 2024. The dismissal was due to the applicant's misdiarization, which led to his absence from the court hearing.
Issues
- Setting aside the dismissal order and reinstating the bill of costs
- Taxation of the reinstated bill of costs
Reasoning
The court dismissed the application for want of prosecution, but the applicant demonstrated diligence and provided a reasonable explanation for the delay.
Outcome
The dismissal order is set aside, and the bill of costs is reinstated.
Orders
- The dismissal order is set aside
- The bill of costs is reinstated for purposes of taxation
Remedies
- Taxation of the reinstated bill of costs
Authorities cited
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