MANASSEH LUMUMBA SHIVALU V GARI TOO BARNO [2012] KEHC 785 (KLR)
- Court
- High Court of Kenya
- Case number
- 785
- Citation
- [2012] KEHC 785 (KLR)
- Decided
- 6 November 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for setting aside a court orderCoramF. AZANGALALA
Holding
The application is allowed, and the order made on 21st September, 2010 is set aside. The applicant's application dated 1st July, 2010 is reinstated.
Facts
The applicant attended the court on the date appointed for the hearing of his application but was informed that his application would be heard in a different court. He was informed that his application had been dismissed.
Issues
- Whether the applicant's application is res judicata
- Whether the applicant's application is inordinate delay
Reasoning
The plea of res judicata was not well taken as the previous application sought the setting aside of a different order made on a different date. The delay in lodging the application is not inordinate given the applicant's status as a lay person.
Outcome
The applicant's application is allowed, and the order made on 21st September, 2010 is set aside.
Orders
- The order made on 21st September, 2010 is set aside.
- The applicant's application dated 1st July, 2010 is reinstated.
Remedies
- The applicant's application dated 1st July, 2010 is reinstated.
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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