TELKOM KENYA LTD v WATERBUCK HOTEL LTD [2005] KEHC 307 (KLR)
- Court
- High Court of Kenya
- Case number
- 307
- Citation
- [2005] KEHC 307 (KLR)
- Decided
- 5 August 2005
The plaintiff's application to set aside the dismissal of the suit is allowed. The order of dismissal is set aside, and the suit is reinstated to hearing. The plaintiff shall pay costs to the defendant.
Facts
The plaintiff's counsel, Mr Kiarago, was instructed to appear before the Public Procurement Complaints, Review and Appeals Board on the same day the case was scheduled to be heard. The plaintiff's counsel did not appear in court on the 18th of October 2004, leading to the dismissal of the suit for want of prosecution.
Issues
- Whether the plaintiff had established sufficient grounds to enable the court to set aside its order of dismissal and reinstate the plaintiff's suit to hearing.
- Whether the defendant would suffer prejudice if the suit is reinstated to hearing.
Reasoning
The plaintiff provided a reasonable explanation for its counsel's absence, and the court found it fair and just to allow the plaintiff to proceed with its case on merits.
Outcome
The plaintiff's application is allowed, and the suit is reinstated to hearing.
Orders
- The order of dismissal of the suit is set aside.
- The suit is reinstated to hearing.
- The plaintiff shall pay costs to the defendant.
Remedies
- The plaintiff's suit is reinstated to hearing.
- The plaintiff shall pay costs to the defendant.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Public Procurement Complaints, Review and Appeals Board Act
Loading judgment…