[1998] KEHC 128 (KLR)
The court exercised its discretion to set aside the dismissal order because the application was not opposed and was supported by affidavit. The interests of justice required that the applicant's miscellaneous application for leave to file suit out of time be reinstated, as there was no objection from the respondent...
Source-derived case information.
- Citation
- [1998] KEHC 128 (KLR)
- Parties
- Applicant: Teresia Njeri; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 65 of 1997
- Procedural Posture
- Miscellaneous Application / Application to Set Aside Dismissal
- Outcome
- Application allowed; dismissal order set aside; application reinstated.
- Legal Topics
- Setting Aside Orders, Dismissal of Suit, Application Out of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Teresia Njeri
Applicant
Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Application to Set Aside Dismissal
Legal Issues
- 1 Whether the court should set aside its order dismissing the miscellaneous application for leave to file suit out of time.
Ratio Decidendi
The court exercised its discretion to set aside the dismissal order because the application was not opposed and was supported by affidavit. The interests of justice required that the applicant's miscellaneous application for leave to file suit out of time be reinstated, as there was no objection from the respondent and no reason to deny the request.
Court Disposition
Application allowed; dismissal order set aside; application reinstated.
Orders
- The order dated 27-5-1997 dismissing the application to file suit out of time is set aside.
- Miscellaneous application No. 65 of 1997 dated 2-8-1997 is reinstated.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE HIGH COURT AT NAIROBI MISC. APPLICATION CASE NO. 65 OF 1997
TERESIA NJERI………………………………………APPLICANT VERSUS ATTORNEY GENERAL……………………………..RESPONDENT RULING This application by way of Chamber Summons brought under O.1 X B Rule 8 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act seeks orders that this courts order of 27th May 1997 dismissing miscellaneous application No. 65 of 1997 dated 2nd August, 1997 be set aside. Supported by sworn affidavit of the applicant. Not opposed. I allow the application.
The order dated 27-5-1997 dismissing an application to file suit out of time is set aside and miscellaneous application No. 65 of 1997 dated 2-8-1997 is hereby reinstated. J.L.A. OSIEMO JUDGE 18. 11. 1998