[2021] KEELC 2296 (KLR)
The court found that the plaintiff/applicant had advanced plausible reasons to warrant the setting aside of the dismissal order made on 19th September 2019. The application was unopposed, and upon consideration of the supporting affidavit and grounds, the court exercised its discretion to set aside the order and...
Source-derived case information.
- Citation
- [2021] KEELC 2296 (KLR)
- Parties
- Plaintiff: Humphrey Njuguna Ndungu; Defendant: James Mwago Waigi; Defendant: Embakasi Ranching Company Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 659 of 2013
- Procedural Posture
- Notice of Motion / Ruling on Application to Set Aside Dismissal and Reinstate Suit
- Outcome
- application allowed; suit reinstated
- Judges
- LC Komingoi
- Legal Topics
- Setting Aside Orders, Reinstatement of Suit, Dismissal for Non Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Humphrey Njuguna Ndungu
Plaintiff
James Mwago Waigi
Defendant
Embakasi Ranching Company Limited
Defendant
Procedural Posture
Notice of Motion / Ruling on Application to Set Aside Dismissal and Reinstate Suit
Legal Issues
- 1 Whether the order made on 19th September 2019 dismissing the suit should be set aside.
- 2 Whether the suit should be reinstated for hearing.
Ratio Decidendi
The court found that the plaintiff/applicant had advanced plausible reasons to warrant the setting aside of the dismissal order made on 19th September 2019. The application was unopposed, and upon consideration of the supporting affidavit and grounds, the court exercised its discretion to set aside the order and reinstate the suit. The court further directed the plaintiff to set the suit down for hearing within ninety days, failing which the suit would stand dismissed. Costs of the application were ordered to be in the cause.
Court Disposition
application allowed; suit reinstated
Orders
- The orders of 19th September 2019 are hereby set aside and the plaintiff’s suit is reinstated.
- The Plaintiff/Applicant is directed to set down the suit for hearing within ninety (90) days of the date of this ruling, failure to which the suit shall stand dismissed.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC CASE NO. 659 OF 2013
HUMPHREY NJUGUNA NDUNGU.......................................PLAINTIFF
VERSUS
JAMES MWAGO WAIGI......................................................1ST DEFENDANT
EMBAKASI RANCHING COMPANY LIMITED................2ND DEFENANT
RULING
1. This is the Noticed of Motion dated 20th July 2020 brought under section 3A of the Civil Procedure Rules of 2010, Order 9 Rule 9, Order 51 Rule 1 and Order 45 rule 1 of the Civil Procedure Rules 2010 and all other enabling provisions of the law.
2. It seeks orders:-
1. Spent.
2. That this honourable court be pleased to set aside the order made on 19th September 2019.
3. That upon the grant of prayer 1 herein above this honourable court be pleased to reinstate this suit.
4. Costs of this application to be in the cause.
3. The grounds are on the face of the application and are set out in paragraphs 1 to 13.
4. The application is supported by the affidavit of Humphrey Njuguna Ndungu, the Plaintiff/Applicant herein sworn on the 20th July 2020.
5. It appears the application is not opposed.
6. I have considered the Notice of Motion and the affidavit in support. I find that the Plaintiff/Applicant has advanced plausible reasons to warrant the grant of the orders sought.
7. I find merit in this application and I grant the orders sought namely:-
a. That the orders of 19th September 2019 are hereby set aside and the plaintiff’s suit is reinstated.
b. That the Plaintiff/Applicant is hereby directed to set down the suit for hearing within ninety (90) days of the date of this ruling, failure to which the suit shall stand dismissed.
c. That costs of this application be in the cause.
It is so ordered.
DATED, SIGNED AND DELIVERED IN NAIROBI ON THIS 29TH DAY OF JULY 2021.
……………………….
L. KOMINGOI
JUDGE
In the presence of:-
Mr. Gitari for Mr. Mbaabu for the Plaintiff
Mr. Ng’ang’a for the 1st Defendant
No appearance for the 2nd Defendant
Phyllis - Court Assistant