KADET LIMITED V JOHN KAMUGO MWANGI [2012] KEHC 1655 (KLR)
- Court
- High Court of Kenya
- Case number
- 1655
- Citation
- [2012] KEHC 1655 (KLR)
- Decided
- 10 October 2012
The court finds merit in exercising its discretion in favour of the applicant and allows the application, endorsing M/s Itonga & Co. Advocates and orders reinstatement of the interim orders granted by the court before the 10th June 2008.
Facts
The defendant filed an application under Sections 3A and 63(e) of the Civil Procedure Rules seeking to vary and/or set aside ex-parte orders made on 10th June 2008 and to reinstate and set down the application for hearing. The application was based on the grounds that the defendant's counsel had instructed to attend court but could not due to inadvertence.
Issues
- Whether the court has jurisdiction to grant a stay in another court of competent jurisdiction.
- Whether the court should dismiss the application on the grounds of undue and explained delay and lack of evidence supporting the lack of diarization.
Reasoning
The court finds the applicant and their advocate diligent in all previous hearings and excuses a seldom mistake. The court also agrees that an error by an advocate should not be visited upon the client.
Outcome
The application is allowed, and the interim orders are reinstated.
Orders
- Reinstatement of the interim orders granted by the court before the 10th June 2008.
- Costs of the application to be borne by the applicant.
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