[2019] KEELC 4702 (KLR)

[2019] KEELC 4702 (KLR)

The court found that although the applicant had previously advanced similar reasons for non-attendance, this time he provided a more detailed explanation, specifically that he was travelling from Rwanyange, 20 kilometres from Meru, and was delayed due to a matatu crackdown and police detention of his vehicle. The...

Source-derived case information.

Citation
[2019] KEELC 4702 (KLR)
Parties
Applicant: Gregory Gituma; Respondent: M’Rukwaru M’Mwogone
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Judgment Date
30 January 2019
Case Number
Environment & Land Case 195 of 2019
Procedural Posture
Miscellaneous Application / Application to Set Aside Dismissal and Reinstate Suit
Outcome
Application allowed. Dismissal order set aside. Suit reinstated.
Legal Topics
Reinstatement of Suit, Dismissal for Nonattendance, Excusable Nonattendance, Land Dispute Procedure
Source Language
english
Land and Property Reinstatement of Suit Dismissal for Nonattendance Excusable Nonattendance Land Dispute Procedure

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Summary, issues, holding and outcome

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Parties

Gregory Gituma

Applicant

M’Rukwaru M’Mwogone

Respondent

Procedural Posture

Miscellaneous Application / Application to Set Aside Dismissal and Reinstate Suit

Legal Issues

  1. 1 Whether the order dismissing the suit for non-attendance should be set aside.
  2. 2 Whether the applicant has provided sufficient reason for his failure to attend court.

Ratio Decidendi

The court found that although the applicant had previously advanced similar reasons for non-attendance, this time he provided a more detailed explanation, specifically that he was travelling from Rwanyange, 20 kilometres from Meru, and was delayed due to a matatu crackdown and police detention of his vehicle. The court accepted this as sufficient cause and exercised its discretion to set aside the dismissal order and reinstate the suit, warning the applicant to be vigilant in future attendance.

Court Disposition

Application allowed. Dismissal order set aside. Suit reinstated.

Orders

  • The dismissal order dated 22nd November 2018 is set aside.
  • The suit is reinstated for hearing on merit.