Gatara v Gatara & another (Civil Suit 166 of 2008) [2023] KEHC 3443 (KLR) (Civ) (20 April 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 3443
- Citation
- [2023] KEHC 3443 (KLR)
- Decided
- 20 April 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAmended Motion for Leave to Bring on Record a New Advocate and to Set Aside the Order Dismissing the SuitCoramCW MEOLI
Holding
The prayer for leave to bring on record a new advocate is granted, but the prayer seeking the setting aside of the dismissal order and reinstatement of the suit is dismissed.
Facts
Rose Wambui Gatara had previously instructed Ngatia & Associates to come on record in place of Kinyanjui & Njau Advocates. She was involved in a road traffic accident on 04.05.2005 and has been receiving medical treatment locally and abroad. The suit was dismissed for want of prosecution.
Issues
- Allowing the reinstatement of the suit
- Granting leave to bring on record a new advocate
Reasoning
The court considers the reinstatement of the suit would run afoul of the overriding objective in the Civil Procedure Act, and the delay in prosecuting the suit was due to the plaintiff's medical condition.
Outcome
The motion is dismissed with costs.
Orders
- Leave to bring on record a new advocate is granted
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order 51 Rule 1 of the Civil Procedure Rules
Cases cited (1)
- Karuturi Networks Ltd & Anor. Vs. Daly & Figgis Advocates, Civil Appl. NAI. 293/09
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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