[2005] KEHC 1810 (KLR)
The court found that the applicant failed to provide satisfactory and substantiated reasons for his advocate's absence on the date the application was dismissed. No medical evidence was provided to support the claim of illness, no affidavit from the clerk was filed, and the name of the advocate who allegedly held...
Source-derived case information.
- Citation
- [2005] KEHC 1810 (KLR)
- Parties
- Applicant: Jadiel Muthike Njiru; Respondent: Njagi Kithinji
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- ? 180 of 2001
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Reinstatement After Dismissal for Non Attendance
- Outcome
- application dismissed
- Legal Topics
- Reinstatement of Application, Dismissal for Non Attendance, Affidavit Evidence, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jadiel Muthike Njiru
Applicant
Njagi Kithinji
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Reinstatement After Dismissal for Non Attendance
Legal Issues
- 1 Whether the applicant has provided sufficient and satisfactory reasons for non-attendance leading to the dismissal of the application.
- 2 Whether the application for reinstatement of the dismissed application should be granted.
Ratio Decidendi
The court found that the applicant failed to provide satisfactory and substantiated reasons for his advocate's absence on the date the application was dismissed. No medical evidence was provided to support the claim of illness, no affidavit from the clerk was filed, and the name of the advocate who allegedly held brief was not disclosed. The court held that the reasons given were not credible or sufficient to warrant the exercise of discretion in favour of reinstatement. Consequently, the application to reinstate the dismissed application was found to lack merit and was dismissed with costs to the respondent.
Court Disposition
application dismissed
Orders
- The application to reinstate the application dated 1st November 2002 is dismissed.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
6 paragraphs
IN THE HIGH COURT OF KENYA AT NYERI HIGH COURT MISC. APPL. 180 OF 2001 JADIEL MUTHIKE NJIRU ………………………………………….. APPLICANT VERSUS NJAGI KITHINJI …………………………………………………….. RESPONDENT R U L I N G
Jadiel Muthike Njiri, hereinafter referred to as the applicant seeks to have his application dated 1st November 2002 reinstated. The application was dismissed on 8th May 2002 by Hon. Juma J. for non-attendance. In an affidavit sworn by the applicant’s advocate, the advocate explains that he was unwell and sent his clerk to get an advocate to hold his brief and that the advocate who held his brief indicated on his file that the suit was marked S.O.G. and that he only came to realize later that the application was dismissed for non-attendance and therefore filed this application.
Although the advocate claims to have been unwell, no document has been annexed to support this contention. Further no affidavit has been availed from the clerk nor has the name of the advocate who allegedly held brief been disclosed. I find that the reasons being given for the absence of the counsel are not substantiated and therefore not satisfactory.
Accordingly I find no merit in the application and do therefore dismiss the application to reinstate the application dated 1st November 2002. Costs to the Respondent.
Dated this 27th day of July 2005
H. M. OKWENGU JUDGE