[2023] KEELC 20903 (KLR)
The court found that the applicant had been granted Letters of Administration on 17th February 2023, which explained the delay in taking steps in the suit. The court was satisfied with the reasons provided for the delay and, noting that the application was unopposed, exercised its discretion to set aside the orders...
Source-derived case information.
- Citation
- [2023] KEELC 20903 (KLR)
- Parties
- Plaintiff: Joyce Wambui Mbau; Defendant: Attorney General & 2 others; Applicant: Kennedy Murigi Mbau
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 882 of 2017
- Procedural Posture
- Notice of Motion / Ruling on Application to Set Aside Orders and Reinstate Suit
- Outcome
- Application allowed. Orders of 20th February 2023 set aside. Suit reinstated. Costs to abide the outcome of the main suit.
- Judges
- LC Komingoi
- Legal Topics
- Setting Aside Orders, Reinstatement of Suit, Delay in Prosecution, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Wambui Mbau
Plaintiff
Attorney General & 2 others
Defendant
Kennedy Murigi Mbau
Applicant
Procedural Posture
Notice of Motion / Ruling on Application to Set Aside Orders and Reinstate Suit
Legal Issues
- 1 Whether the orders made on 20th February 2023 should be set aside.
- 2 Whether the suit should be reinstated after being dismissed or affected by previous orders.
- 3 Whether the applicant has provided sufficient reasons for the delay.
Ratio Decidendi
The court found that the applicant had been granted Letters of Administration on 17th February 2023, which explained the delay in taking steps in the suit. The court was satisfied with the reasons provided for the delay and, noting that the application was unopposed, exercised its discretion to set aside the orders made on 20th February 2023 and to reinstate the suit. The costs of the application were ordered to abide the outcome of the main suit.
Court Disposition
Application allowed. Orders of 20th February 2023 set aside. Suit reinstated. Costs to abide the outcome of the main suit.
Orders
- The orders made on 20th February 2023 are set aside.
- The suit herein is reinstated.
Full Case Text
Judgment text and source record
26 paragraphs
Mbau v Attorney General & 2 others; Mbau (Applicant) (Environment & Land Case 882 of 2017) [2023] KEELC 20903 (KLR) (19 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20903 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment & Land Case 882 of 2017
LC Komingoi, J
October 19, 2023
Between
Joyce Wambui Mbau
Plaintiff
and
Attorney General & 2 others
Defendant
and
Kennedy Murigi Mbau
Applicant
Ruling
1. This is the Notice of Motion dated 16th March 2023 brought under;(Under Sections 1A, 1B, 3 AND 3A of civil procedure Act, Order 45 and Order 51, rule 1 of the Civil Procedure rules and all other enabling provisions of the Law”
2. It seeks Orders;1. Spent.2. That this Honourable Court be pleased to set aside the orders made on the 20th day of February 2023. 3.That this Honourable Court be pleased to reinstate the suit herein.4. That costs of the Application provided for.
3. The grounds are on the face of the Application and set out in paragraphs (i) to (vii).
4. The Application is supported by the Kennedy Murigi Mbau, the Applicant herein, sworn on the 15th March 2023.
5. The Application is not opposed.
6. I note that the Applicant was granted Letters of Administration on 17th February 2023.
7. I am satisfied with the reasons given for the delay.
8. I grant the orders sought in terms of prayers No. 2 and 3 of the Notice of Motion. The costs do abide the outcome of the main suit.
SIGNED, DATED AND DELIVERED VIRTUALLY AT KAJIADO THIS 19TH DAY OF OCTOBER 2023. L. KOMINGOIJUDGE.In the presence of:Mr. Mutali for the Plaintiff/Applicant.N/A for the Defendants/Respondents.Court Assistant – Mutisya.