Mohamed Ramadhan Njoka v Zainabu Wambeti Ramadhani Njoka & another [2016] KEHC 3587 (KLR)
- Court
- High Court of Kenya
- Case number
- 3587
- Citation
- [2016] KEHC 3587 (KLR)
- Decided
- 26 May 2016
The application should be reinstated upon the condition that the applicant pays court adjournment fees in the sum of Kshs. 2000/-. The applicant should also pay costs to the respondent in respect of this application before the next hearing date.
Facts
The applicant's application for revocation of grant dated 23/02/2012 was dismissed on 9/11/2015 for non-attendance. The application was initially scheduled for hearing on 24/09/2015 but coincided with a Muslim Holy Holiday. The applicant claims he was unaware of the hearing date.
Issues
- Whether the dismissal of the application was valid due to non-attendance
- Whether the applicant's counsel was properly represented in the registry
- Whether the application should be reinstated
Reasoning
The court finds that the applicant's counsel was represented in the registry when the hearing date was fixed by consent on 9/11/2015. The court reinstates the application due to the lack of compelling evidence for dismissal.
Outcome
Application to reinstate dismissed application
Orders
- The applicant should pay court adjournment fees in the sum of Kshs. 2000/-.
- The applicant should pay costs to the respondent in respect of this application before the next hearing date.
Remedies
- Reinstatement of the application
Authorities cited
Legislation (1)
- Civil Procedure Act
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