[2025] KEELC 3778 (KLR)
The court found that the applicant had provided a reasonable and plausible explanation for non-attendance at the hearing on March 4, 2025, namely, inability to log in to the digital platform due to a power blackout. The application to set aside the proceedings was filed without undue delay. In the interests of...
Source-derived case information.
- Citation
- [2025] KEELC 3778 (KLR)
- Parties
- Plaintiff: Samson Muthami Ndung’u; Defendant: Stephen Kimani Mwaniki & 55 others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 42 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Set Aside Dismissal and Reinstate Application
- Outcome
- application allowed in part
- Judges
- LN Mbugua
- Legal Topics
- Dismissal for Want of Prosecution, Reinstatement of Suit, Setting Aside Orders, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Muthami Ndung’u
Plaintiff
Stephen Kimani Mwaniki & 55 others
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Dismissal and Reinstate Application
Legal Issues
- 1 Whether the proceedings of March 4, 2025 dismissing the application for reinstatement should be set aside.
- 2 Whether the application for reinstatement of the suit should be allowed given the applicant's explanation for non-attendance.
Ratio Decidendi
The court found that the applicant had provided a reasonable and plausible explanation for non-attendance at the hearing on March 4, 2025, namely, inability to log in to the digital platform due to a power blackout. The application to set aside the proceedings was filed without undue delay. In the interests of justice and to allow the matter to be heard on its merits, the court exercised its discretion to set aside the proceedings of March 4, 2025. However, only the application dated February 13, 2025, for reinstatement of the suit was reinstated, not the suit itself. The court directed that the reinstated application be set down for hearing forthwith.
Court Disposition
application allowed in part
Orders
- The proceedings of March 4, 2025, are set aside.
- The application dated February 13, 2025, is reinstated and to be set down for hearing forthwith.
Full Case Text
Judgment text and source record
19 paragraphs
Ndung'u (Suing as an Administrator of the Estate of the Late Benson Ndung’u Theuri) v Mwaniki & 55 others (Environment & Land Case 42 of 2021) [2025] KEELC 3778 (KLR) (14 May 2025) (Ruling)
Neutral citation: [2025] KEELC 3778 (KLR)
Republic of Kenya
In the Environment and Land Court at Nanyuki
Environment & Land Case 42 of 2021
LN Mbugua, J
May 14, 2025
(FORMERLY NYERI ELC 119 OF 2017)
Between
Samson Muthami Ndung’u
Plaintiff
Suing as an Administrator of the Estate of the Late Benson Ndung’u Theuri
and
Stephen Kimani Mwaniki & 55 others & 55 others & 55 others & 55 others
Defendant
Ruling
1. This suit was dismissed for want of prosecution on 29. 7.2024. An application dated 13. 2.2025 seeking orders for reinstatement of the suit was also dismissed on 4. 3. 2025 for want of prosecution. The applicant has now filed another application dated 7. 3.2025 seeking orders to set aside the proceedings of 4. 3.2025 and that the suit be reinstated. Counsel for the applicant contends that he was unable to log in the digital platform as at the time the matter was called out due to a power blackout.
2. I have considered the averments proffered herein and note that the application at hand was filed timeously. In the circumstances, the application dated March 7, 2025 is allowed to the extent that the proceedings of March 4, 2025 are hereby set aside. Thus the application dated February 13, 2025 (and not the suit) has been reinstated and the same is to be set down for hearing forthwith.
DATED, SIGNED AND DELIVERED AT NANYUKI THIS 14TH DAY OF MAY 2025 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:Plaintiff – AbsentDefendant – AbsentYaru – Court Assistant