Ferdinand Kibanani Matumbai v Rachael Nanjala Kubende & another [2018] KEHC 3011 (KLR)
- Court
- High Court of Kenya
- Case number
- 3011
- Citation
- [2018] KEHC 3011 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureAppeal from dismissal of suitCoramBOAZ N. OLAO
Holding
The plaintiff's application to set aside the dismissal order and reinstate the suit is allowed.
Facts
The plaintiff's suit was dismissed on 27 February 2018 due to non-appearance by the plaintiff and his counsel. The plaintiff filed an application to set aside the dismissal order and reinstate the suit.
Issues
- Setting aside the dismissal order
- Reinstatement of the suit
Reasoning
The court found that the plaintiff's counsel made a mistake in diarizing the hearing date and that this was an excusable mistake. The court also considered the plaintiff's explanation for non-attendance and found it satisfactory.
Outcome
The plaintiff's application is allowed, and the plaintiff will meet the defendant's costs.
Orders
- The plaintiff's application is allowed
- The suit is transferred to the subordinate Court at Kimilili for mention on 1 November 2018 to fix a hearing date
Remedies
- Reinstatement of the suit
Authorities cited
Cases cited (1)
- Murai v Wainaina (No.4) 1982 KLR 38
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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