[2018] KEHC 5766 (KLR)

[2018] KEHC 5766 (KLR)

The court found that the interests of justice required the reinstatement of the appeal so that it could be heard on its merits. The application for review and setting aside of the previous orders was allowed, as there was sufficient cause shown and no opposition from the respondent. The court exercised its...

Source-derived case information.

Citation
[2018] KEHC 5766 (KLR)
Parties
Appellant: Murungi Mithiaru; Respondent: Joseph Kaberia Arimba (as legal representative of the estate of Isaac M’Arimba alias Isaac Barimba)
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Environment and Land Appeal 15 of 2013
Procedural Posture
Civil Appeal / Ruling on Application for Review and Reinstatement of Appeal
Outcome
Application for review and reinstatement of appeal allowed.
Legal Topics
Appeal Reinstatement, Review of Orders, Estate Administration
Source Language
en
Land and Property Appeal Reinstatement Review of Orders Estate Administration

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Murungi Mithiaru

Appellant

Joseph Kaberia Arimba (as legal representative of the estate of Isaac M’Arimba alias Isaac Barimba)

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Review and Reinstatement of Appeal

Legal Issues

  1. 1 Whether the court should review and set aside the orders of 19.2.2018.
  2. 2 Whether the appeal should be reinstated for hearing on merit.

Ratio Decidendi

The court found that the interests of justice required the reinstatement of the appeal so that it could be heard on its merits. The application for review and setting aside of the previous orders was allowed, as there was sufficient cause shown and no opposition from the respondent. The court exercised its discretion to ensure that the parties would have an opportunity to be heard and that the appeal would not be dismissed without substantive consideration.

Court Disposition

Application for review and reinstatement of appeal allowed.

Orders

  • The suit is hereby reinstated.
  • Mention on 17.5.2018 to ascertain that lower court file is available.