[2008] KEHC 319 (KLR)
The court found that the Chamber Summons seeking reinstatement of the suit was filed more than three years after the suit had been dismissed for non-attendance. Both parties had participated in other applications during this period without seeking reinstatement. The court held that the application was an...
Source-derived case information.
- Citation
- [2008] KEHC 319 (KLR)
- Parties
- Plaintiff: Josphat Njuguna Kariuki; Defendant: Simon Karichu Irungu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 892 of 2000
- Procedural Posture
- Civil Suit / Ruling on Chamber Summons
- Outcome
- application dismissed
- Judges
- JM Khamoni
- Legal Topics
- Dismissal for Non Attendance, Reinstatement of Suit, Delay in Filing, Chamber Summons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josphat Njuguna Kariuki
Plaintiff
Simon Karichu Irungu
Defendant
Procedural Posture
Civil Suit / Ruling on Chamber Summons
Legal Issues
- 1 Whether the Chamber Summons seeking reinstatement of the suit was filed without undue delay.
- 2 Whether the application for reinstatement is an afterthought given the history of the proceedings.
Ratio Decidendi
The court found that the Chamber Summons seeking reinstatement of the suit was filed more than three years after the suit had been dismissed for non-attendance. Both parties had participated in other applications during this period without seeking reinstatement. The court held that the application was an afterthought and that the delay was inordinate and unexplained. Consequently, the court exercised its discretion to dismiss the application, finding no justification to reinstate the suit after such a prolonged and unjustified delay.
Court Disposition
application dismissed
Orders
- The Chamber Summons dated 24th September 2008 is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Civil Suit 892 of 2000
JOSPHAT NJUGUNA KARIUKI………………………..PLAINTIFF
-versus-
SIMON KARICHU IRUNGU………………………….DEFENDANT
R U L I N G
From what has been brought to my attention during the hearing of this Chamber Summons dated 24th September 2008, the said Chamber Summons be and is hereby dismissed with no order as to costs for the following reasons:
“The application is an afterthought and therefore unduly delayed in filing as the suit was dismissed on 1st February 2005 because of the absence of the Plaintiff and the Defendant who thereafter both engaged in other applications without applying for reinstatement of the dismissed suit until this Chamber Summons was filed as late as 24th October 2008. ”
Dated at Nairobi this 28th day of November 2008.
J. M. KHAMONI
JUDGE