[2020] KEHC 7250 (KLR)
The court found that the absence of the objector's counsel was due to illness, which was unknown to the client, and that there was no opposition to the application for review. In the interest of justice, and to avoid prejudice to the objector, the court exercised its discretion to review and set aside the dismissal...
Source-derived case information.
- Citation
- [2020] KEHC 7250 (KLR)
- Parties
- Applicant: Beth Muthoni Nganga; Respondent: Samuel Fundi Mungai
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1530 of 2012
- Procedural Posture
- Succession Cause / Ruling on Application for Review of Dismissal Order
- Outcome
- Application for review granted; dismissal order set aside.
- Judges
- A Ali-Aroni
- Legal Topics
- Review of Orders, Setting Aside Dismissal, Non Attendance, Succession Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beth Muthoni Nganga
Applicant
Samuel Fundi Mungai
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Review of Dismissal Order
Legal Issues
- 1 Whether the order dismissing the objector's case for non-attendance should be reviewed.
- 2 Whether the absence of counsel due to illness constitutes sufficient cause for review.
Ratio Decidendi
The court found that the absence of the objector's counsel was due to illness, which was unknown to the client, and that there was no opposition to the application for review. In the interest of justice, and to avoid prejudice to the objector, the court exercised its discretion to review and set aside the dismissal order, subject to the objection being set down for hearing within 30 days.
Court Disposition
Application for review granted; dismissal order set aside.
Orders
- The order dismissing the objector's case is reviewed and set aside.
- The objection shall be set down for hearing within 30 days from the date of this ruling.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAIROBI
SUCCESSION CAUSE NO. 1530 OF 2012
IN THE MATTER OF THE ESTATE OF MUNGAI MACHARIA KAHORO (DECEASED)
BETH MUTHONI NGANGA .....APPLICANT
VERSUS
SAMUEL FUNDI MUNGAI ....RESPONDENT
RULING
1. The application subject of this ruling is dated 16th October, 2019 and seeks to have the orders issued on the 18th of September, 2019 dismissing the objector’s case for failure to attend be reviewed.
2. The application remains unopposed. The court is informed that the objector’s counsel unknown to his client was sick and had been given a sick off by his doctor which informs his absence in court.
3. It behoves all counsel and indeed their clients to make arrangements to inform court where one has sufficient reason to be absent in order for the court and the opposite side to have information. Failure to do so creates an inconvenience both to the court and the opposite side needless to say that failure to do so results in application such as the one before court which could have been avoided. In this instance counsel did not even inform his client.
4. However, in the interest of justice there being no opposition to the application the same is granted subject to the objection being set down for hearing within the next 30 days of the date hereof.
Dated and Delivered in Nairobi on this5TH day of MARCH, 2020.
ALI-ARONI
JUDGE