Uasin Gishu Memorial Hospital Limited v Moi Teaching and Referral Hospital Board & 2 others (Environment & Land Miscellaneous Case 1 of 2022) [2024] KEELC 5254 (KLR) (11 July 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5254
- Citation
- [2024] KEELC 5254 (KLR)
- Decided
- 11 July 2024
Summary at a glance
TypeMiscellaneousPostureApplication for setting aside dismissal of suit for want of prosecutionCoramOA ANGOTE
The court sets aside the orders dismissing the suit for want of prosecution and issues directions for the expeditious hearing of the issues.
Facts
The Applicant filed a Notice of Motion seeking the transfer of a case from the High Court to the Environment and Land Court. The case was dismissed for want of prosecution by the High Court on 10th May 2022, but the Applicant was unaware of the dismissal until November 2023.
Issues
- Whether the dismissal of the suit for want of prosecution was proper
- Whether the Applicant has shown sufficient cause to reinstate the suit
Reasoning
The court finds that the dismissal was improper due to the Applicant's lack of knowledge and that the Applicant has shown sufficient cause to reinstate the suit.
Outcome
The suit is reinstated and the court issues directions for the expeditious hearing.
Orders
- To set aside the orders issued on 10th May 2022 dismissing the suit for want of prosecution
- To issue directions for the expeditious hearing of the issues
Remedies
- Reinstatement of the suit
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