[2024] KEELC 5402 (KLR)
The court found that the applicant provided a satisfactory explanation for the non-attendance on 27th July 2023. The judge was satisfied that the reasons advanced in the supporting affidavit were credible and that reinstating the application would not prejudice the respondent. Exercising its discretion under Order...
Source-derived case information.
- Citation
- [2024] KEELC 5402 (KLR)
- Parties
- Applicant: Stanley KM Wandaka t/a Kinuthia Wandaka & Co Advocates; Respondent: Naomi Kanyua Musyoki
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case 10 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Reinstatement
- Outcome
- application allowed
- Judges
- LC Komingoi
- Legal Topics
- Reinstatement of Suit, Dismissal for Non Attendance, Exercise of Discretion, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley KM Wandaka t/a Kinuthia Wandaka & Co Advocates
Applicant
Naomi Kanyua Musyoki
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Reinstatement
Legal Issues
- 1 Whether the application for reinstatement of the suit is merited.
- 2 Whether the applicant has provided a satisfactory explanation for non-attendance.
- 3 Whether reinstatement would prejudice the respondent.
Ratio Decidendi
The court found that the applicant provided a satisfactory explanation for the non-attendance on 27th July 2023. The judge was satisfied that the reasons advanced in the supporting affidavit were credible and that reinstating the application would not prejudice the respondent. Exercising its discretion under Order 12 Rule 7 of the Civil Procedure Rules and guided by the overriding objectives of the Civil Procedure Act, the court allowed the application for reinstatement. The costs of the application were ordered to be borne by the applicant.
Court Disposition
application allowed
Orders
- The application dated 18th April 2023 and/or the suit is reinstated.
- The costs of the application are to be borne by the applicant.
Full Case Text
Judgment text and source record
25 paragraphs
Wandaka t/a Kinuthia Wandaka & Co Advocates v Musyoki (Environment & Land Miscellaneous Case 10 of 2020) [2024] KEELC 5402 (KLR) (11 July 2024) (Ruling)
Neutral citation: [2024] KEELC 5402 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment & Land Miscellaneous Case 10 of 2020
LC Komingoi, J
July 11, 2024
Between
Stanley KM Wandaka t/a Kinuthia Wandaka & Co Advocates
Advocate
and
Naomi Kanyua Musyoki
Respondent
Ruling
1. This is the Notice of Motion dated 7th August 2023 brought under: Section 1A, 1B, & 3A of the Civil Procedure Act Order 12 Rule 7 and Order 51 rule 1 of the Civil Procedure Rules and ALL other enabling provisions of the Law.
2. It seeks orders;1)That the application dated 18th April, 2023 and or the suit be reinstated.2)That the costs of this application be provided.
3. The grounds are on the face of the application and are set out in paragraphs a-b.
4. The application is supported by the affidavit of Stanley Wandaka Advocate/Applicant sworn on the 7th August 2023.
5. The Application is opposed. There are grounds of opposition filed by the Respondent dated 5th February 2024.
6. The Notice of Motion was canvassed by oral submissions on 11th March 2024.
7. I have considered the Notice of Motion, the affidavit in support, the grounds of opposition and the rival submissions. The issue for determination is whether this application is merited.
8. I have gone through the affidavit of the advocate and the reasons advanced as to what transpired on 27th July 2023. I am satisfied with the explanation given.
9. The Respondent will not be prejudiced in any way if this Notice of Motion dated 18th April 2023 is reinstated.
10. I find merit in this application and the same is allowed. The costs be borne by the Applicant.
DATED, SIGNED AND DELIVERED VIRTUALLY IN KAJIADO THIS 11TH DAY OF JULY, 2024. L. KOMINGOIJUDGE.In the presence of:-N/A for the Applicant.Mr. Kali for Mr. E. Mutua (SC) for the Respondent.Court Assistant – Mutisya.