Apollo Mboya v Assa Nyakundi [2018] KEHC 5148 (KLR)
- Court
- High Court of Kenya
- Case number
- 5148
- Citation
- [2018] KEHC 5148 (KLR)
- Decided
- 28 June 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for review and reinstatement of suitCoramB. Thurana Jaden
Holding
The application is allowed with costs thrown away and costs of the application to the respondent. The suit is to be fixed for directions within 30 days.
Facts
Apollo Mboya filed a defamation suit against Assa Nyakundi. The suit was dismissed without his participation, and he later applied to reinstate it.
Issues
- Service of summons
- Prejudice to the plaintiff
Reasoning
The court found that the plaintiff was not served with the summons and that there was no prejudice to the defendant. The court allowed the application and ordered the suit to be fixed for directions.
Outcome
Application allowed
Orders
- Throw away costs
- Costs of the application to the respondent
- Fix the suit for directions within 30 days
Authorities cited
Cases cited (2)
- Anglican Church of Kenya ACK Guest House v Alfred Imbwaga Musungu (2014) eKLR
- Republic & 3 others v Joseph Mburu Gitau & 635 others (2015) eKLR
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.
Loading judgment…