Sentrim Hotels Ltd v County Council of Narok [2017] KEHC 2180 (KLR)
- Court
- High Court of Kenya
- Case number
- 2180
- Citation
- [2017] KEHC 2180 (KLR)
The application is dismissed with costs to the respondent due to inexcusable delay and the applicant's fault in their counsel's non-appearance.
Facts
The applicant, Sentrim Hotels Ltd, sought to reinstate a civil suit against the County Council of Narok, which had been dismissed on July 8, 2015, due to the applicant's counsel's non-appearance in court. The applicant claimed the dismissal was due to the default of their advocates and that the delay in filing and prosecuting the matter was not inexcusable.
Issues
- Whether there has been delay in prosecuting the application.
- Whether an order should be made regarding the cost of the application.
Reasoning
The court found that the delay in filing and prosecuting the application was over a year and not explained by the applicant. The court also found that the applicant's counsel's non-appearance was not an excuse to reinstate the application.
Outcome
Dismissal of the application
Orders
- The application is dismissed with costs to the respondent.
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