[2021] KEHC 2988 (KLR)
The court found that the application to set aside the orders of 09/07/2021 and reinstate the appeal was merited and justified, as the applicant had provided sufficient grounds and there was no opposition from the respondents. The court exercised its discretion to grant the orders sought, emphasizing the need to...
Source-derived case information.
- Citation
- [2021] KEHC 2988 (KLR)
- Parties
- Appellant: Samuel Ndung’u Mbugua; Respondent: Jane Wambui Gitahi; Respondent: Joseph Njuha Mugo
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 23 of 2019
- Procedural Posture
- Civil Appeal / Ruling on Application to Set Aside Orders and Reinstate Appeal
- Outcome
- application allowed; orders of 09/07/2021 set aside; appeal reinstated
- Legal Topics
- Setting Aside Orders, Reinstatement of Appeal, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Ndung’u Mbugua
Appellant
Jane Wambui Gitahi
Respondent
Joseph Njuha Mugo
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Set Aside Orders and Reinstate Appeal
Legal Issues
- 1 Whether the orders of 09/07/2021 should be set aside and the appeal reinstated.
- 2 Whether the applicant has provided sufficient justification for reinstatement of the appeal.
Ratio Decidendi
The court found that the application to set aside the orders of 09/07/2021 and reinstate the appeal was merited and justified, as the applicant had provided sufficient grounds and there was no opposition from the respondents. The court exercised its discretion to grant the orders sought, emphasizing the need to allow the appeal to be heard on its merits and to avoid injustice to the applicant.
Court Disposition
application allowed; orders of 09/07/2021 set aside; appeal reinstated
Orders
- Prayer No. 1 of the notice of motion dated 14/07/2021 is granted.
- The record of appeal to be lodged and served within 30 days.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAHURURU
CIVIL APPEAL NO. 23 OF 2019
SAMUEL NDUNG’U MBUGUA......APPELLANT/APPLICANT
-VERSUS-
JANE WAMBUI GITAHI..............................1ST RESPONDENT
JOSEPH NJUHA MUGO.............................2ND RESPONDENT
RULING
1. The Applicant via notice motion dated 14/07/2021 seeks the setting aside of orders of 09/07/2021 and reinstatement of the Appeal.
2. The same is supported by the grounds on the face of the application and an affidavit sworn by Samuel Ndung’u Mbugua Applicant/Appellant.
3. The Respondents were served but have not filed any documents to oppose the application nor attend court to raise any objection.
4. I have looked at the supporting affidavit and the annextures thereto. I find the application is merited and justified. Thus I make the orders;
i. Prayers No. 1 of the notice of motion dated 14/07/2021 is granted.
ii. The record of appeal be lodged and served within 30 days.
iii. Directions to be in 30 days’ time after the instant ruling date.
iv. No orders as to costs.
DATED, SIGNED AND DELIVERED AT NYAHURURU THIS 21ST DAY OF OCTOBER, 2021.
......................................
CHARLES KARIUKI
JUDGE