[2018] KEELC 4752 (KLR)
The court found that the application for reinstatement was unopposed as the respondents failed to file any response or submissions despite being given an opportunity. The plaintiffs provided an explanation for their absence, supported by affidavit evidence, indicating that the non-attendance was not deliberate or...
Source-derived case information.
- Citation
- [2018] KEELC 4752 (KLR)
- Parties
- Plaintiff: Beatrice Mukami Kirimi; Plaintiff: Lewis Mawira Kirimi; Plaintiff: Emmaculate Kaigongi Kirimi; Plaintiff: Silas Mutugi Kirimi; Defendant: Benjamin Kirimi Ngaine; Defendant: Francis Kirimi Ngaruni
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 261 of 2013
- Procedural Posture
- Civil Suit / Ruling on Application for Reinstatement After Dismissal for Non Attendance
- Outcome
- Application for reinstatement allowed; suit reinstated.
- Legal Topics
- Reinstatement of Suit, Dismissal for Non Attendance, Affidavit Evidence, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Beatrice Mukami Kirimi
Plaintiff
Lewis Mawira Kirimi
Plaintiff
Emmaculate Kaigongi Kirimi
Plaintiff
Silas Mutugi Kirimi
Plaintiff
Benjamin Kirimi Ngaine
Defendant
Francis Kirimi Ngaruni
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Reinstatement After Dismissal for Non Attendance
Legal Issues
- 1 Whether the suit should be reinstated after dismissal for non-attendance by the plaintiffs.
- 2 Whether the plaintiffs have provided sufficient explanation for their absence in court.
Ratio Decidendi
The court found that the application for reinstatement was unopposed as the respondents failed to file any response or submissions despite being given an opportunity. The plaintiffs provided an explanation for their absence, supported by affidavit evidence, indicating that the non-attendance was not deliberate or intentional. In the absence of opposition and given the explanation provided, the court exercised its discretion to allow the application and reinstate the suit as drawn.
Court Disposition
Application for reinstatement allowed; suit reinstated.
Orders
- The suit is reinstated as drawn.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
CIVIL SUIT NO 261 OF 2013
BEATRICE MUKAMI KIRIMI.............................1ST PLAINTIFF
LEWIS MAWIRA KIRIMI....................................2ND PLAINTIFF
EMMACULATE KAIGONGI KIRIMI..................3RD PLAINTIFF
SILAS MUTUGI KIRIMI.......................................4TH PLAINTIFF
VERSUS
BENJAMIN KIRIMI NGAINE............................1ST DEFENDANT
FRANCIS KIRIMI NGARUNI............................2ND DEFENDANT
R U L I N G
1. On 05:10:17, this suit was dismissed by the Court as all parties were absent. The Plaintiff hence filed an application on 11: 10:17 to have the suit reinstated.
2. Beatrice Mukami, the 1st Plaintiff has sworn an affidavit stating that she arrived in Court on 04:10:17 only to find that the matter had been called out and dismissed. She also avers that her advocate was before Judge Mabeya at 10:30 am (the time the matter was called out).
3. Applicant urges the Court to find that the non-attendance was neither deliberate nor intentional.
4. Mr. Muthamia appeared before me on 23. 10. 17 and informed the Court that Respondent would be opposing the application. The Court gave them time to file their response. The Court also directed that the application be heard by way of Submissions.
5. Respondent did not however file any response to the application or submissions thereof.
6. The application is hence unopposed and I allow the same as drawn.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 23rd JANUARY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
Kithaka for Mwangi for Respondent present
Miss Njaga for Plaintiffs present
HON. L. N. MBUGUA
ELC JUDGE