Cosmas Ndirangu Ngae v Attorney General [2017] KEHC 6393 (KLR)
- Court
- High Court of Kenya
- Case number
- 6393
- Citation
- [2017] KEHC 6393 (KLR)
- Decided
- 20 April 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks to set aside orders dismissing the suit and reinstate the appeal.CoramL. NJUGUNA
Holding
The application is allowed, the orders dismissing the suit are set aside, and the appeal is reinstated for hearing.
Facts
The appeal was set down for hearing on 26th November, 2013 but was not cause listed. The appellant claims the delay was due to missing court file.
Issues
- Whether the appellant's application for reinstatement of the dismissed suit is justified.
- Whether the respondent will be prejudiced by the delay in reinstating the appeal.
Reasoning
The court finds the delay prolonged and inexcusable, but not prejudicial to the respondent. The appellant's explanation for the delay is accepted.
Outcome
The orders dismissing the suit are set aside, and the appeal is reinstated for hearing.
Orders
- The orders issued by Hon. A.K. Ndungu on 15th June, 2015 are set aside.
- The appeal is reinstated for hearing.
Remedies
- The appellant bears the costs of the application.
- The appeal should be prosecuted within 120 days from the date of this ruling.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (1)
- IVITA V KYUMBU, [1984] KLR, 441
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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