[2023] KECPT 416 (KLR)

[2023] KECPT 416 (KLR)

The Tribunal found that the applicant's advocate was properly served with notice of the hearing date via email and EMS postal service, and had previously used the same email address to communicate with the Tribunal. The advocate was present when the mention date was set but failed to attend or follow up on subsequent proceedings, demonstrating a lack of diligence. However, considering the applicant's willingness to prosecute the matter, the weightiness of the subject matter involving a claim of Kshs 28,000,000, and the absence of any response from the respondent, the Tribunal exercised its discretion to reinstate the appeal. The application to set aside the dismissal was allowed on...

Citation
[2023] KECPT 416 (KLR)
Parties
Appellant: Alvin Richard Njiru Gitonga; Respondent: Commission for Cooperative Development
Court
Cooperative Tribunal
Jurisdiction
Kenya
Judgment Date
27 April 2023
Case Number
Tribunal Case 4 of 2018
Procedural Posture
Tribunal Application / Ruling on Application to Set Aside Dismissal and Reinstate Appeal
Outcome
Application allowed; appeal reinstated subject to prosecution and conclusion within one year.
Judges
BM Kimemia, J. Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw, PO Aol
Legal Topics
Dismissal for Want of Prosecution, Reinstatement of Appeal, Service of Process, Tribunal Procedure
Source Language
English
Civil Procedure Dismissal for Want of Prosecution Reinstatement of Appeal Service of Process Tribunal Procedure

Case Brief

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Parties

Alvin Richard Njiru Gitonga

Appellant

Commission for Cooperative Development

Respondent

Procedural Posture

Tribunal Application / Ruling on Application to Set Aside Dismissal and Reinstate Appeal

Legal Issues

  1. 1 Whether the order dismissing the appeal for want of prosecution should be set aside.
  2. 2 Whether the applicant's advocate was properly served with notice of the hearing date.
  3. 3 Whether the appeal should be reinstated and heard on its merits.

Ratio Decidendi

The Tribunal found that the applicant's advocate was properly served with notice of the hearing date via email and EMS postal service, and had previously used the same email address to communicate with the Tribunal. The advocate was present when the mention date was set but failed to attend or follow up on subsequent proceedings, demonstrating a lack of diligence. However, considering the applicant's willingness to prosecute the matter, the weightiness of the subject matter involving a claim of Kshs 28,000,000, and the absence of any response from the respondent, the Tribunal exercised its discretion to reinstate the appeal. The application to set aside the dismissal was allowed on...

Court Disposition

Application allowed; appeal reinstated subject to prosecution and conclusion within one year.

Orders

  • The Notice of Motion application dated April 25, 2022 is allowed.
  • The appeal is reinstated and must be prosecuted and concluded within one year from the date of this ruling.