Petromin Limited v Kenya Revenue Authority [2020] KEHC 2200 (KLR)
- Court
- High Court of Kenya
- Case number
- 2200
- Citation
- [2020] KEHC 2200 (KLR)
- Decided
- 9 October 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for setting aside ex-parte orderCoramD.O. CHEPKWONY, P. J. OTIENO
Holding
The Plaintiff/Applicant's application is allowed, and the ex-parte order dismissing the application dated 6th April, 2018 is set aside.
Facts
The Plaintiff/Applicant filed an application on 6th April, 2018, which was dismissed for Want of Prosecution. The Plaintiff/Applicant claims that its previous advocate failed to attend court on 2nd July, 2018.
Issues
- Setting aside ex-parte order
- Plaintiff's right to be informed about the progress of the suit
Reasoning
The court finds that the Plaintiff/Applicant cannot be blamed for the dismissal as it expected its advocate to keep it posted on the progress of the suit. The court exercises its discretion to avoid injustice to the Plaintiff/Applicant.
Outcome
The Plaintiff/Applicant's application is allowed.
Orders
- The ex-parte order dismissing the Plaintiff’s application dated 6th April, 2018 is set aside.
- The Plaintiff/Applicant is granted the costs of the application.
Remedies
- The Plaintiff/Applicant is allowed to prosecute its application of 6th April, 2018 on merits.
Authorities cited
Cases cited (1)
- Mbogo & Another...Vs...Shah [1968] EA 93
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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