Monarch Insurance Company Limited v Bethuel Mbugua Mbaki [2021] KEHC 3815 (KLR)
- Court
- High Court of Kenya
- Case number
- 3815
- Citation
- [2021] KEHC 3815 (KLR)
- Decided
- 23 September 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for reinstatement of dismissed suitCoramF. M. GIKONYO M.
Holding
The application is allowed, the suit is reinstated, and each party bears their own costs of the application. The plaintiff must set down the suit for hearing within 45 days or the suit will stand dismissed.
Facts
The suit was dismissed for want of prosecution on 16th July 2020 due to non-compliance and lack of attendance. The plaintiff appealed to reinstate the suit due to the impact of the COVID-19 pandemic.
Issues
- Whether there is sufficient reason to reinstate the suit
- Whether the delay in filing the application is reasonable or inexcusable
Reasoning
The court finds that the plaintiff's conduct in prosecuting the case was not offensive to justice, and the delay was not unreasonable given the circumstances. The court aims to serve substantive justice by hearing the case on merit.
Outcome
Reinstatement of the suit
Orders
- The suit is reinstated
- Each party bears their own costs of the application
Authorities cited
Cases cited (3)
- Simion Waiti Kimani & Three others vs Equity Building Society (2010) eKLR Koome J
- James Mwangi Gathara & Another V Officer Commanding Station Loitoktok & 2 Other[2018] Eklr
- Gold Lida Limited V Nic Bank Limited & 2 Others [2018] 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.
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