https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8558
The court found it unclear whether the Applicant actually received the hearing notice, noted that the application was unopposed, and exercised discretion in favour of substantive justice by setting aside the dismissal of 23/2/2026 and reinstating the suit.
Source-derived case information.
- Citation
- [2026] KEHC 8558 (KLR)
- Parties
- Plaintiff/applicant: Madison Insurance Company Limited; Defendant/respondent: Simon Ndahi Ngugi
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Suit E013 of 2025
- Procedural Posture
- Civil Suit; Application to Set Aside Dismissal and Reinstate Suit / Ruling on Notice of Motion Dated 6/3/2026
- Outcome
- Application allowed
- Judges
- ["JM Nang'ea"]
- Legal Topics
- Setting Aside Dismissal, Reinstatement of Suit, Non Prosecution, Notice to Show Cause, Service of Hearing Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Madison Insurance Company Limited
Plaintiff/applicant
Simon Ndahi Ngugi
Defendant/respondent
Procedural Posture
Civil Suit; Application to Set Aside Dismissal and Reinstate Suit / Ruling on Notice of Motion Dated 6/3/2026
Legal Issues
- 1 Whether the dismissal of the suit for non-prosecution should be set aside
- 2 Whether the suit should be reinstated for hearing on the merits
- 3 Whether the Applicant was served with notice of the hearing and/or notice to show cause
Ratio Decidendi
The court found it unclear whether the Applicant actually received the hearing notice, noted that the application was unopposed, and exercised discretion in favour of substantive justice by setting aside the dismissal of 23/2/2026 and reinstating the suit.
Court Disposition
Application allowed
Orders
- The proceedings and all consequential orders of 23/2/2026 are set aside.
- The suit is reinstated for hearing and determination on the merits.
Full Case Text
Judgment text and source record
1 paragraphs
Madison Insurance Company Limited v Ngugi (Civil Suit E013 of 2025) [2026] KEHC 8558 (KLR) (17 June 2026) (Ruling) Neutral citation: [2026] KEHC 8558 (KLR) Republic of Kenya In the High Court at Nakuru Civil Suit E013 of 2025 JM Nang'ea, J June 17, 2026 Between Madison Insurance Company Limited Plaintiff and Simon Ndahi Ngugi Defendant Ruling 1.By Notice of Motion dated 6/3/2026, the Plaintiff/Applicant craves orders as hereunder;1.Spent.2.That the court be pleased to set aside the proceedings and all consequential orders of 23/2/2026.3.That the court be pleased to reinstate this suit for hearing and determination on merit.4.That any other orders deemed necessary may be granted.5.That the costs of the Application be provided for. 2.The Application is supported by affidavit sworn by the Applicant’s Advocate (Mr. Ochang J. Ajigo). Inter alia, Counsel states that the Defendant/Respondent has failed to enter appearance and/or file defence to this suit despite being served with the suit documents. The Applicant later learnt that the suit was on 23/2/2026 dismissed for non-prosecution. 3.According to the Applicant’s Advocate, Notice To Show Cause was not issued to them prior to dismissal of the claim. It is therefore averred that the Applicant would suffer prejudice if the Application is not allowed. 4.Affidavit of Service of the suit and this Application is on record, but no reply has been made. 5.The record shows that on 5/11/2025 the suit was fixed for hearing on 23/2/2026, after the parties failed to appear for mention on that date (5/11/2025). As directed by the court, the Deputy Registrar caused notice of the hearing to be issued to the Applicant’s Advocates which was done by email dated 6/11/2025. Neither the Applicant nor his Advocate turned up for the hearing. 6.It is unclear if the court’s notice was actually received. There being no objection to the Application and in order to determine the suit on merits, I allow the Application as per prayers 2 and 3 and make no order as to the costs thereof. J. M. NANG’EA,JUDGE.RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 17TH DAY OF JUNE, 2026.In the presence of:Mr. Ochang Advocate for the Plaintiff/ApplicantDefendant, AbsentCourt Assistant (Jeniffer).J. M. NANG’EA,JUDGE.