[2021] KEELC 1211 (KLR)
The court found that the defendants. counsel was unable to attend court due to circumstances beyond his control (vehicle breakdown), and that he acted promptly by drafting and filing the application for reinstatement on the same day. The court exercised its inherent powers to allow the application for review and...
Source-derived case information.
- Citation
- [2021] KEELC 1211 (KLR)
- Parties
- Plaintiff: Ann Nyaguthi Kamau; Plaintiff: Simon Mwangi Weru; Plaintiff: Idah Nyaguthi Muhiu; Defendant: Zubera Njuguna; Defendant: Shafi Grewal Kaka
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 43 of 2016
- Procedural Posture
- Notice of Motion / Ruling on Application for Review and Reinstatement of Dismissed Motion
- Outcome
- application for review and reinstatement allowed
- Judges
- JO Olola
- Legal Topics
- Review of Dismissal, Reinstatement of Application, Expeditious Disposal, Court Inherent Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ann Nyaguthi Kamau
Plaintiff
Simon Mwangi Weru
Plaintiff
Idah Nyaguthi Muhiu
Plaintiff
Zubera Njuguna
Defendant
Shafi Grewal Kaka
Defendant
Procedural Posture
Notice of Motion / Ruling on Application for Review and Reinstatement of Dismissed Motion
Legal Issues
- 1 Whether the court should review and set aside the dismissal of the defendants. application for non-attendance.
- 2 Whether the application for reinstatement was made promptly and with sufficient cause.
Ratio Decidendi
The court found that the defendants. counsel was unable to attend court due to circumstances beyond his control (vehicle breakdown), and that he acted promptly by drafting and filing the application for reinstatement on the same day. The court exercised its inherent powers to allow the application for review and reinstatement of the dismissed motion, emphasizing the need for expeditious disposal of disputes and affording parties an opportunity to be heard on the merits. The court directed the defendants to fix the original motion for hearing within 30 days, failing which it would stand dismissed as previously ordered.
Court Disposition
application for review and reinstatement allowed
Orders
- The Motion dated 26th October, 2018 is allowed with no order as to costs.
- The Defendants are directed to fix the Motion dated 15th May, 2018 for hearing within 30 days from the date hereof, failing which the said Motion shall stand dismissed as per the earlier directions of the court.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NYERI
ELC NO. 43 OF 2016
ANN NYAGUTHI KAMAU ........................................1ST PLAINTIFF/RESPONDENT
SIMON MWANGI WERU ........................................ 2ND PLAINTIFF/RESPONDENT
IDAH NYAGUTHI MUHIU......................................3RD PLAINTIFF/RESPONDENT
-VERSUS-
ZUBERA NJUGUNA ...................................................1ST DEFENDANT/APPLICANT
SHAFI GREWAL KAKA ...........................................2ND DEFENDANT/APPLICANT
RULING
1. This matter was slated for a Ruling on a Notice of Motion application dated 15th May, 2018 as filed herein on 16th May, 2018. From a perusal of the record however, it is apparent that when the said application came up for hearing on 26th October, 2018 before Honourable Lady Justice L. N. Waithaka, the same was dismissed for non-attendance.
2. By another application dated 26th October, 2018, the Defendants sought an order to review the dismissal of the application dated 15th May, 2018. While this matter is shown to have been coming up forthe hearing of the Motion dated 15th May, 2018, it is apparent to me that it is the motion dated 26th October, 2018 for review of the earlier orders dismissing the Plaintiffs application dated 18th May, 2018 that is due for hearing.
3. A perusal of the application dated 26th October, 2018 reveals that counsel for the Defendant/Applicant was unable to be in court on 26th October, 2018 when their application came up for hearing due to the fact that the vehicle by which counsel was travelling from Nairobi had a breakdown and hence counsel arrived late in court.
4. It is apparent from a perusal of the supporting affidavit of Churchil Odongo Ombeta Advocate sworn in support of the application that he proceeded to draft the application for reinstatement within the court premises that same morning. The application was filed under certificate of urgency that same day but was not certified urgent and has remained on the bed of the court file to-date.
5. Having considered the same in the circumstances herein and pursuant to the inherent powers of this court to ensure expeditious disposal of disputes, I hereby allow the Motion dated 26th October, 2018 with no order as to costs.
6. That being the case, the Defendants are hereby directed to fix the Motion dated 15th May, 2018 for hearing within 30 days from the date hereof failure to which the said Motion shall stand dismissed as per the earlier directions of this court issued on 26th October, 2021.
7. Orders accordingly.
DATED, SIGNED AND DELIVERED AT NYERI THIS 4TH DAY OF NOVEMBER, 2021.
IN THE PRESENCE OF:
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J. O. OLOLA
JUDGE