[2023] KEHC 19086 (KLR)
The court found that the plaintiff provided a reasonable explanation for the non-attendance that led to the dismissal of the suit. The court further determined that reinstating the suit would not occasion any prejudice to the defendant. Exercising its discretion under Order 12 of the Civil Procedure Rules, the court...
Source-derived case information.
- Citation
- [2023] KEHC 19086 (KLR)
- Parties
- Plaintiff: Commercial Bank of Africa Ltd; Defendant: Mboya Wangongu & Waiyaki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E052 of 2018
- Procedural Posture
- Commercial Case / Ruling on Application for Reinstatement of Suit
- Outcome
- application for reinstatement allowed
- Judges
- JWW Mong'are
- Legal Topics
- Reinstatement of Suit, Dismissal for Non Attendance, Notice to Show Cause, Application for Reinstatement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Commercial Bank of Africa Ltd
Plaintiff
Mboya Wangongu & Waiyaki
Defendant
Procedural Posture
Commercial Case / Ruling on Application for Reinstatement of Suit
Legal Issues
- 1 Whether the suit should be reinstated after dismissal for non-attendance pursuant to a Notice to Show Cause.
- 2 Whether any prejudice would be suffered by the defendant if the suit is reinstated.
Ratio Decidendi
The court found that the plaintiff provided a reasonable explanation for the non-attendance that led to the dismissal of the suit. The court further determined that reinstating the suit would not occasion any prejudice to the defendant. Exercising its discretion under Order 12 of the Civil Procedure Rules, the court allowed the application for reinstatement, emphasizing that the interests of justice would be served by allowing the matter to proceed to hearing on its merits.
Court Disposition
application for reinstatement allowed
Orders
- The suit is reinstated.
- No orders as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
Commercial Bank of Africa Ltd v Wangongu & Waiyaki (Commercial Case E052 of 2018) [2023] KEHC 19086 (KLR) (Commercial and Tax) (19 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19086 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Commercial and Tax
Commercial Case E052 of 2018
JWW Mong'are, J
June 19, 2023
Between
Commercial Bank of Africa Ltd
Plaintiff
and
Mboya Wangongu & Waiyaki
Defendant
Ruling
1. I have considered the submissions by the parties on the application dated 2/3/2022 for reinstatement of the suit that was dismissed pursuant to a Notice to Show Cause issued by the court. I have noted the explanation by Counsel for the plaintiff as to the reason why no party appeared before the court on the said date. I have also noted the submissions in opposition to the said application and note that no prejudice will be suffered by the defendant of the suit is reinstated as per the plaintiff’s application the application for reinstatement as allowed with no orders as to costs. Mention on 20/9/2023.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 19TH DAY OF JUNE 2023………………………………J. W. W. MONGAREJUDGEIn the presence of:-1. Mr. Ondieki for the Plaintiff2. Wakhisi for Wanjiru for the Defendant.3. Sylvia- Court Assistant