Fredrick Kiritu t/a Saatchi Kabiro & Associates v Turn-O Metal Engineering Limited [2016] KEHC 8235 (KLR)
- Court
- High Court of Kenya
- Case number
- 8235
- Citation
- [2016] KEHC 8235 (KLR)
- Decided
- 8 June 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous dismissal of the suitCoramOgola
Holding
The court orders made on 18th July 2014 are set aside, and the suit is reinstated.
Facts
The plaintiff, Fredrick Kiritu, failed to attend court when the defendant's application was listed for hearing. He claimed he was not served with the application or hearing notice.
Issues
- Whether the plaintiff was properly served with the application
- Whether the plaintiff was heard in the previous dismissal of the suit
Reasoning
The court found that the plaintiff was not heard in the previous dismissal due to improper service and lack of opportunity to present his case.
Outcome
The suit is reinstated.
Orders
- The orders made on 18th July 2014 are set aside.
- The suit is reinstated.
Remedies
- The plaintiff is awarded the costs of the application.
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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