Wafaa Industries Limited v NIC Bank Limited & another (Environment & Land Case 109 of 2019) [2024] KEELC 6277 (KLR) (25 September 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 6277
- Citation
- [2024] KEELC 6277 (KLR)
- Decided
- 25 September 2024
The court dismissed the plaintiff's application as the reasons for non-attendance were inexcusable and the plaintiff's sole director has not sworn an affidavit to confirm his availability.
Facts
The plaintiff, a limited liability company, filed a suit on October 3, 2019, and the matter was adjourned multiple times due to the plaintiff's counsel being bereaved and the 1st defendant's counsel being indisposed. The suit was dismissed for want of prosecution on May 30, 2023, and the plaintiff applied to set aside the dismissal.
Issues
- Whether the plaintiff provided a valid reason for failing to attend court on May 30, 2023.
Reasoning
The court found that the plaintiff's reason for non-attendance was not valid and inexcusable, and the plaintiff's sole director has not provided any evidence to support his claim.
Outcome
Application dismissed with costs to the 1st defendant.
Orders
- Application dismissed with costs to the 1st defendant.
Authorities cited
Cases cited (1)
- Thathini Development Company Limited v. Mombasa Water & Sewerage Company & Another [2022] eKLR
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