Mahando v Chelagat & 2 others (Civil Appeal E001 of 2022) [2024] KEHC 12185 (KLR) (15 October 2024) (Judgment)
- Court
- High Court of Kenya
- Case number
- 12185
- Citation
- [2024] KEHC 12185 (KLR)
- Decided
- 15 October 2024
Summary at a glance
TypeCivil AppealPostureAppeal from the dismissal of the appellant's Notice of Motion applicationCoramGikonyo, J
The court will reinstate the suit for hearing
Facts
The appellant filed a suit against the respondents for damages due to a road traffic accident. The respondents failed to appear and a default judgment was entered. The court set the matter for a formal proof hearing but did not provide a date. The court registry was missing and court operations were paralyzed due to the pandemic.
Issues
- Whether the court should set aside the dismissal of the appeal and reinstate the suit for hearing
Reasoning
The court will reevaluate the evidence and facts, considering the trial court's advantage of seeing the witnesses testify.
Outcome
Reinstatement of the suit for hearing
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