[2024] KEHC 9901 (KLR)
The court found that the applicant had sufficiently explained the reasons for non-attendance at the hearing of the Notice to Show Cause. In the interest of justice and to allow the applicant an opportunity to prosecute the case, the court exercised its discretion to set aside the dismissal order dated 19.6.2024 and...
Source-derived case information.
- Citation
- [2024] KEHC 9901 (KLR)
- Parties
- Applicant: Paul Gicheru p/a Gicheru & Co. Advocates; Respondent: African Merchant Assurance Co. Limited
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 35 of 2019
- Procedural Posture
- Miscellaneous Civil Application / Application to Set Aside Dismissal Order and Reinstate Suit
- Outcome
- Application allowed. Dismissal order set aside. Suit reinstated. Costs in the cause.
- Judges
- REA Ougo
- Legal Topics
- Setting Aside Dismissal, Reinstatement of Suit, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Paul Gicheru p/a Gicheru & Co. Advocates
Applicant
African Merchant Assurance Co. Limited
Respondent
Procedural Posture
Miscellaneous Civil Application / Application to Set Aside Dismissal Order and Reinstate Suit
Legal Issues
- 1 Whether the applicant has provided sufficient explanation for non-attendance at the hearing of the Notice to Show Cause.
- 2 Whether the order dismissing the suit should be set aside and the suit reinstated.
Ratio Decidendi
The court found that the applicant had sufficiently explained the reasons for non-attendance at the hearing of the Notice to Show Cause. In the interest of justice and to allow the applicant an opportunity to prosecute the case, the court exercised its discretion to set aside the dismissal order dated 19.6.2024 and reinstated the suit/application for hearing. Costs were ordered to be in the cause.
Court Disposition
Application allowed. Dismissal order set aside. Suit reinstated. Costs in the cause.
Orders
- The order dismissing the suit dated 19.6.2024 is set aside.
- The suit/application is reinstated for hearing.
Full Case Text
Judgment text and source record
16 paragraphs
Paul Gicheru p/a Gicheru & Co. Advocates v African Merchant Assurance Co. Limited (Miscellaneous Civil Application 35 of 2019) [2024] KEHC 9901 (KLR) (22 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9901 (KLR)
Republic of Kenya
In the High Court at Bungoma
Miscellaneous Civil Application 35 of 2019
REA Ougo, J
July 22, 2024
Between
Paul Gicheru p/a Gicheru & Co. Advocates
Advocate
and
African Merchant Assurance Co. Limited
Client
Ruling
1. I have considered the application dated 28. 6.2024 together with the supporting affidavit. I find that the applicant has sufficiently explained why they didn’t attend the hearing of the Notice to Show Cause. I will give them a chance to prosecute their case. I therefore set aside the order dismissing the suit dated 19. 6.2024. I reinstate the suit/application for hearing. Cost shall be in the cause.
DATED, SIGNED, AND DELIVERED AT BUNGOMA THIS 22ND DAY OF JULY, 2024. R.E OUGOJUDGEIn the presence of:Mr. Ogongo - For the ApplicantRespondent - AbsentWilkister/Diana – C/A