[2003] KEHC 718 (KLR)
The court exercised its discretion to reinstate the suit, taking into account that the parties had previously agreed to have the matter stood over generally for stated reasons and considering the nature of the claim. The court found it just to allow the application for reinstatement, provided that the applicant...
Source-derived case information.
- Citation
- [2003] KEHC 718 (KLR)
- Parties
- Plaintiff: Colour Print Ltd; Defendant: Kenya Road Transporters Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1505 of 1995
- Procedural Posture
- Civil Case / Ruling on Application for Reinstatement of Suit
- Outcome
- Application for reinstatement of suit allowed; suit reinstated; costs to respondent.
- Legal Topics
- Reinstatement of Suit, Discretion of Court, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Colour Print Ltd
Plaintiff
Kenya Road Transporters Ltd
Defendant
Procedural Posture
Civil Case / Ruling on Application for Reinstatement of Suit
Legal Issues
- 1 Whether the suit should be reinstated after being stood over generally.
- 2 Whether the applicant should bear the costs of the application and thrown away costs.
Ratio Decidendi
The court exercised its discretion to reinstate the suit, taking into account that the parties had previously agreed to have the matter stood over generally for stated reasons and considering the nature of the claim. The court found it just to allow the application for reinstatement, provided that the applicant takes expeditious steps to prosecute the suit. The court further ordered that the applicant pay the thrown away costs and the costs of the application to the respondent, either as agreed or as taxed, in line with the principle that costs follow the event and to compensate the respondent for any inconvenience or expense caused by the delay.
Court Disposition
Application for reinstatement of suit allowed; suit reinstated; costs to respondent.
Orders
- The suit filed on 17.5.95 is reinstated.
- The applicant shall take expeditious steps to prosecute the suit.
Full Case Text
Judgment text and source record
6 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 1505 OF 1995
COLOUR PRINT LTD …………………………. PLAINTIFF VERSUS KENYA ROAD TRANSPORTERS LTD ……… DEFENDANT RULING
In exercise of the courts discretion in these kind of matter in particular where parties agreed to mark the case as stood over generally for the reason stated on 24. 5.99 and given the nature of the claim in the plaint. I allow this application and order the reinstatement of the suit filed herein on 17. 5.95 and further direct that the applicant take expeditious steps to prosecute the same. Thrown away costs and those of this application either agreed or taxed to be paid by the applicant to the respondent.
D.K.S AGANYANYA JUDGE 7. 02. 2003 Mr. Makori for Mbugu & Mbugua advocate for the plaintiff Mr. Githui for Ramesh Manek advocates for the defendant By consent hearing date fixed for 21st and 22nd July 2003 on the list.
SIGNED EXECUTIVE OFFICER