Apamo v Koskei (Environment & Land Case E140 of 2023) [2025] KEMC 114 (KLR) (15 May 2025) (Ruling)
- Court
- Magistrate's Courts
- Case number
- 114
- Citation
- [2025] KEMC 114 (KLR)
- Decided
- 15 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to set aside ex-parte order and reinstate suitCoramChesoni
Holding
The court reinstates the suit for hearing on merit.
Facts
The plaintiff, Millicent Savai Apamo, seeks to reinstate her suit against Josephine Chepkurui Koskei, which was dismissed on 12th November, 2024, due to non-attendance. The plaintiff claims her counsel could not hear the matter being called out and was informed to liaise with the court clerk.
Issues
- Whether the plaintiff has satisfied the court to reinstate the suit
- Whether the dismissal of the suit for non-attendance was inexcusable and prolonged
Reasoning
The court considers the plaintiff's explanation for non-attendance and finds it reasonable, thus allowing the suit to be reinstated.
Outcome
Reinstatement of the suit for hearing on merit
Orders
- Reinstatement of the suit for hearing on merit
Authorities cited
Legislation (1)
- Article 159 of the Constitution
Cases cited (2)
- Ivita vs Kyumbu (1984)
- CMC Holdings Limited vs Nzioki (2004)
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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