[2020] KEELC 2386 (KLR)

[2020] KEELC 2386 (KLR)

The court found that the applicant's counsel provided a plausible and credible explanation for his absence on 15.1.2020, namely a car breakdown resulting in late arrival. The application to set aside the dismissal was filed promptly, only a few days after the dismissal. There was no evidence of negligence or...

Source-derived case information.

Citation
[2020] KEELC 2386 (KLR)
Parties
Applicant: Republic; Respondent: Director of Land Adjudication; Respondent: District Land Adjudication & Settlement Officer Igembe North District; Respondent: Chief Land Registrar; Respondent: District Land Registrar Igembe; Respondent: Hon. The Attorney General; Respondent: Japhet Kamonyo; Applicant: Reuben Liria
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Case Number
Judicial Review 13 of 2018
Procedural Posture
Judicial Review Application / Ruling on Application to Set Aside Dismissal Order
Outcome
application allowed; dismissal order set aside; suit reinstated
Legal Topics
Setting Aside Orders, Dismissal of Suit, Judicial Review Procedure, Land Adjudication Records
Source Language
en
Civil Procedure Land and Property Setting Aside Orders Dismissal of Suit Judicial Review Procedure Land Adjudication Records

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Director of Land Adjudication

Respondent

District Land Adjudication & Settlement Officer Igembe North District

Respondent

Chief Land Registrar

Respondent

District Land Registrar Igembe

Respondent

Hon. The Attorney General

Respondent

Japhet Kamonyo

Respondent

Reuben Liria

Applicant

Procedural Posture

Judicial Review Application / Ruling on Application to Set Aside Dismissal Order

Legal Issues

  1. 1 Whether the applicant has provided sufficient cause to set aside the dismissal order of 15.1.2020.
  2. 2 Whether the application to set aside was filed in a timely manner.
  3. 3 Whether the explanation for non-attendance on 15.1.2020 is plausible.

Ratio Decidendi

The court found that the applicant's counsel provided a plausible and credible explanation for his absence on 15.1.2020, namely a car breakdown resulting in late arrival. The application to set aside the dismissal was filed promptly, only a few days after the dismissal. There was no evidence of negligence or intentional delay by the applicant or his counsel. The application was unopposed, and the court was satisfied that the interests of justice required the suit to be reinstated. Accordingly, the court exercised its discretion to set aside the dismissal order and allowed the application, with no order as to costs.

Court Disposition

application allowed; dismissal order set aside; suit reinstated

Orders

  • The order of 15.1.2020 dismissing the suit is set aside.
  • The suit is reinstated for hearing.