Yusuf & another v Banda & another (Environment and Land Case E072 of 2022) [2025] KEELC 5646 (KLR) (30 July 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5646
- Citation
- [2025] KEELC 5646 (KLR)
- Decided
- 30 July 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to set aside order striking out suitCoramS. M. KIBUNJA, S. M. KIBUNJA, SM KIBUNJA
Holding
The court finds the plaintiffs have failed to establish a reasonable case and does not meet the threshold for the court to exercise its discretionary power of setting aside orders in their favor.
Facts
The plaintiffs, through their counsel, failed to attend mediation sessions and file case summaries, leading to the suit being struck out by the court.
Issues
- Whether the plaintiffs' failure to attend mediation sessions and file case summaries justifies setting aside the order striking out the suit.
- Whether the plaintiffs have established a reasonable case to meet the threshold for the court to exercise its discretionary power of setting aside orders in their favor.
Reasoning
The court notes that the plaintiffs have not provided evidence to show what action they have taken against their counsel for their failure to participate in the mediation processes. The court cannot take it that their former advocates were to blame without evidence in support.
Outcome
The plaintiffs' application to set aside the order striking out the suit is dismissed.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Court Annexed Mediation Rules
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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