[2019] KEHC 825 (KLR)
The court found that the matter had been partly heard and that both parties and their counsel were present when the hearing date was fixed. In the interest of justice and considering the protracted nature of the proceedings since 1999, the court exercised its discretion to review the dismissal order and reinstate...
Source-derived case information.
- Citation
- [2019] KEHC 825 (KLR)
- Parties
- Applicant: Ruth Wanjiru Mbuthia; Respondent: Lucy Wairimu Mbuthia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2773 of 1999
- Procedural Posture
- Succession Cause / Ruling on Application for Reinstatement After Dismissal for Nonattendance
- Outcome
- Application for review and reinstatement allowed.
- Judges
- A Ali-Aroni
- Legal Topics
- Succession Proceedings, Reinstatement of Suit, Dismissal for Nonattendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruth Wanjiru Mbuthia
Applicant
Lucy Wairimu Mbuthia
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Reinstatement After Dismissal for Nonattendance
Legal Issues
- 1 Whether the order dismissing the suit for nonattendance should be reviewed and the suit reinstated.
- 2 Whether the interests of justice require the matter to be heard and concluded.
Ratio Decidendi
The court found that the matter had been partly heard and that both parties and their counsel were present when the hearing date was fixed. In the interest of justice and considering the protracted nature of the proceedings since 1999, the court exercised its discretion to review the dismissal order and reinstate the suit. The court directed that the matter be heard and concluded within 90 days to ensure expeditious resolution. Costs of the application were awarded to the respondent.
Court Disposition
Application for review and reinstatement allowed.
Orders
- The dismissal order is reviewed and set aside.
- The suit is reinstated and to be heard and concluded within 90 days.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 2773 OF 1999
IN THE MATTER OF THE ESTATE PETER MBUTHIA MUTOKAA (DECEASED)
RUTH WANJIRU MBUTHIA........................................................APPLICANT
VERSUS
LUCY WAIRIMU MBUTHIA....................................................RESPONDENT
R U L I N G
1. Before the matter was dismissed for nonattendance of the Applicant and her counsel on 5th December 2019, the matter was partly heard. This matter has been in court since 1999 and need to bring the same to a closure cannot be over emphasized.
2. The record indicates that as the date for hearing of the part heard matter was fixed both counsel and applicant were present.
3. Having considered submissions by both counsels on record and in the interest of justice, I will review the dismissal order, reinstate the suit with directions that same ought to be heard and concluded within the next 90 days.
4. Costs of this application should go to the Respondent in any event.
Dated and Delivered in Nairobi on this19TH day of December, 2019
.....................
ALI-ARONI
JUDGE