[2021] KEELC 4539 (KLR)
The court found that the applicant's failure to attend court was inadvertent and excusable, and that the application to review and set aside the dismissal order was unopposed. Accordingly, the court exercised its discretion to allow the application and reinstate the dismissed application, finding no prejudice to the...
Source-derived case information.
- Citation
- [2021] KEELC 4539 (KLR)
- Parties
- Applicant: Esther Mpandi Muchena (suing as administrator of the estate of Amos Muchena M’Arimi (deceased)); Respondent: Nkando Farmers Cooperative Society Limited; Respondent: Thomas Kinoti
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- ? 12 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Review and Set Aside Dismissal Order
- Outcome
- Application allowed; previous dismissal order set aside; application reinstated.
- Legal Topics
- Review of Court Orders, Reinstatement of Suit, Dismissal for Want of Prosecution
- 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
Esther Mpandi Muchena (suing as administrator of the estate of Amos Muchena M’Arimi (deceased))
Applicant
Nkando Farmers Cooperative Society Limited
Respondent
Thomas Kinoti
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Review and Set Aside Dismissal Order
Legal Issues
- 1 Whether the applicant has established sufficient cause to warrant review and setting aside of the dismissal order for want of prosecution.
- 2 Whether the failure of the applicant's advocate to attend court was excusable.
Ratio Decidendi
The court found that the applicant's failure to attend court was inadvertent and excusable, and that the application to review and set aside the dismissal order was unopposed. Accordingly, the court exercised its discretion to allow the application and reinstate the dismissed application, finding no prejudice to the respondents and no reason to deny the relief sought.
Court Disposition
Application allowed; previous dismissal order set aside; application reinstated.
Orders
- The application dated 13.2.2020 is allowed.
- The orders of 10.2.2020 dismissing the application dated 23.1.2020 for want of prosecution are set aside.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC SUIT NO. 12 OF 2019
ESTHER MPANDI MUCHENA (suing as administrator of the
estate of Amos Muchena M’Arimi (deceased)........PLAINTIFF/APPLICANT
VERSUS
NKANDO FARMERS COOPERATIVE
SOCIETY LIMITED........................................1ST DEFENDANT/RESPONDENT
THOMAS KINOTI.........................................2ND DEFENDANT/RESPONDENT
RULING
1. Vide an application dated 13. 2.2020, the applicant/ plaintiff is seeking an order to review and set aside the orders of 10. 2.2020 where her application dated 23. 1.2020 was dismissed for want of prosecution. She urges the court to reinstate the said application averring that the failure by her advocate to appear in court on 10. 2.2020 was inadvertent and excusable.
2. I find that the current application dated on 13. 2.2020 is unopposed. The same is allowed with no orders as to costs.
DATED, SIGNED AND DELIVERED AT MERU THIS 3RD DAY OF FEBRUARY, 2021
HON. LUCY. N. MBUGUA
ELC JUDGE
ORDER
The date of delivery of this Ruling was given to the advocates for the parties through a virtual session via Microsoft teams on 28. 10. 2020. In light of the declaration of measures restricting court operations due to the COVID-19 pandemicand following the practice directions issued by his Lordship, the Chief Justice dated 17th March, 2020 and published in the Kenya Gazette of 17th April 2020 as Gazette Notice no.3137, this Ruling has been delivered to the parties by electronic mail. They are deemed to have waived compliance with order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court.
HON. LUCY N. MBUGUA
ELC JUDGE