[2000] KEHC 439 (KLR)
The court found that the dismissal of the suit was occasioned by the mistake of the plaintiff's advocate, who failed to attend court due to being on leave. The court held that, in the greater interest of justice, this constituted sufficient reason to review and set aside its earlier order dismissing the suit for...
Source-derived case information.
- Citation
- [2000] KEHC 439 (KLR)
- Parties
- Plaintiff: Margaret W. Warima; Defendant: Phyllis W. Theuiru; Defendant: Hezron Ndirangu; Defendant: Nairobi City City Council
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2670 of 1998
- Procedural Posture
- Civil Case / Ruling on Application for Review and Reinstatement After Dismissal for Want of Prosecution
- Outcome
- Application for review allowed; order of dismissal set aside; suit reinstated; costs of the application to the defendants, payable before hearing.
- Judges
- JK Mulwa
- Legal Topics
- Dismissal for Want of Prosecution, Review of Court Orders, Reinstatement of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret W. Warima
Plaintiff
Phyllis W. Theuiru
Defendant
Hezron Ndirangu
Defendant
Nairobi City City Council
Defendant
Procedural Posture
Civil Case / Ruling on Application for Review and Reinstatement After Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the court should review and set aside its order dismissing the suit for want of prosecution.
- 2 Whether the failure of the plaintiff's advocate to attend court constitutes sufficient reason for review and reinstatement of the suit.
Ratio Decidendi
The court found that the dismissal of the suit was occasioned by the mistake of the plaintiff's advocate, who failed to attend court due to being on leave. The court held that, in the greater interest of justice, this constituted sufficient reason to review and set aside its earlier order dismissing the suit for want of prosecution. The court exercised its discretion to reinstate the suit, subject to the plaintiff paying the costs occasioned by the application before the case is heard.
Court Disposition
Application for review allowed; order of dismissal set aside; suit reinstated; costs of the application to the defendants, payable before hearing.
Orders
- The order of 14.12.99 dismissing the suit is set aside.
- The suit is reinstated.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 2670 OF 1998
MARGARET W. WARIMA………………………………PLAINTIFF/RESPONDENT
VERSUS
PHYLLIS W. THEUIRU………………………….1ST DEFENDANT/APPLICANT
HEZRON NDIRANGU……………………………2ND DEFENDANT/APPLICANT
NAIROBI CITY CITY COUNCIL…………………3RD DEFENDANT/APPLICANT
RULING
On 14-12-99 the Court was moved to dismiss the suit for want of prosecution. As a result I dismissed the suit. The plaintiff has now come asking the court to review its orders with Mr. Muhindi for the applicant seeking to persuade the court that it was the mistake of the advocate for the plaintiff who failed to turn up in court. The advocate went on leave.
He further argued that many of the steps necessary before setting down a suit for hearing had not been completed and so it was premature for the Defendant to have asked the case to be dismissed.
In the greater interest of Justice I will review my order of 14. 12. 99. the said order is hereby set aside and the suit is reinstated.
The plaintiff will however pay the costs occasioned by this application and these costs shall be paid before the case is heard.
Dated and delivered this 14th day of March, 2000.
KASANGA MULWA
JUDGE