Nkonge v Marangu; Marangu (Legal Rep’ of the Estate of George Mbaya Marangu) (Intended Defendant) (Environment & Land Case E019 of 2021) [2024] KEELC 3248 (KLR) (1 April 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3248
- Citation
- [2024] KEELC 3248 (KLR)
- Decided
- 1 April 2024
The court will reinstate the application for non-attendance and set it down for hearing on the merits.
Facts
The plaintiff, George Nkonge, sought to reinstate his application for non-attendance that was dismissed on October 3, 2023, due to his counsel's non-attendance. The plaintiff's counsel claims he was admitted to the virtual court after 9:30 AM but the matter had already been called out and dismissed.
Issues
- Whether the plaintiff has satisfied the court to reinstate the application for non-attendance
- Whether the plaintiff's counsel's non-attendance was unreasonable and inexcusable
Reasoning
The court considers the plaintiff's explanation for his counsel's non-attendance and finds that the delay was not prolonged and inexcusable. The court will not dismiss the action for want of prosecution but will order the application to be set down for hearing at the earliest available time.
Outcome
The application to set aside the orders dismissing the application for non-attendance is granted.
Orders
- The application for non-attendance is reinstated and set down for hearing on the merits
Remedies
- The plaintiff's application for non-attendance is reinstated and set down for hearing on the merits
Authorities cited
Legislation (2)
- Article 159 of the Constitution
- Section 1A and 1B of the Civil Procedure Act
Cases cited (2)
- Ivita vs Kyumbu (1984) KLR 441
- CMC Holdings Limited vs Nzioki (2004) 1klr 173
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