Catherine Kigasia Kivai v Ernest Ogesi Kivai & 4 others [2021] KEHC 1671 (KLR)
- Court
- High Court of Kenya
- Case number
- 1671
- Citation
- [2021] KEHC 1671 (KLR)
- Decided
- 26 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureMotion for reinstatement of dismissed suitCoramW MUSYOKA
Holding
The suit is reinstated, but the plaintiff must pay throwaway costs of Kshs. 30,000 to the 4th defendant and the matter is fixed for hearing within 21 days.
Facts
The plaintiff filed a civil suit against several defendants in 2018, but failed to prosecute it due to non-attendance and lack of prosecution.
Issues
- Whether the suit should be reinstated due to unreasonable delay
Reasoning
The court exercised its discretion to reinstate the suit due to the plaintiff's non-attendance and failure to prosecute the case, but emphasized the need for expeditious proceedings.
Outcome
Reinstated
Orders
- Throwaway costs of Kshs. 30,000 to the 4th defendant
- Reinstated suit fixed for hearing within 21 days
Authorities cited
Legislation (2)
- Civil Procedure Act, Cap 21, Laws of Kenya
- Article 159 of the Constitution
Cases cited (5)
- Ivita vs. Kyumbu
- Bilha Ngonyo Isaac vs. Kembu Farm Ltd & another
- Shah vs. Mbogo & Another
- Mobile Kitale Service Station vs. Mobil Oil Kenya Limited & another
- Bilha Ngonyo Isaac vs. Kembu Farm Ltd & another
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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