Kenya Case Law

Gachu & another v Ndocha & another

Gachu & another v Ndocha & another [2024] KEELC 5804 (KLR)

Court

Environment and Land Court

Case number

Civil Suit 41 of 2008

Judge

OA Angote

The Court found that the application was not res judicata because the grounds advanced in the present Motion differed from those in the previous application; however, the substantive requirements for review under Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules were not met. The 1st Defendant did not demonstrate discovery of new evidence, error apparent on the record, or any other sufficient reason for review. The belief that the suit had abated, even if based on counsel's advice, did not constitute sufficient cause for non-attendance, especially since th…

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• Review Of Court Orders
• Res Judicata
• Functus Officio
• Non Attendance Of Counsel
• Setting Aside Proceedings
• Delay In Application

Karweru t/a Karweru & Co Advocates v Mburu & another

Karweru t/a Karweru & Co Advocates v Mburu & another [2024] KEELC 5094 (KLR)

Court

Environment and Land Court

Case number

Miscellaneous Application 17 of 2021

Judge

LN Gacheru

The Environment and Land Court at Murang’a reinstated an application dismissed for non-attendance, finding counsel’s failure to diarize the date was an excusable mistake.

• Reinstatement Of Suit
• Dismissal For Want Of Prosecution
• Judicial Discretion
• Advocate Client Costs
• Non Attendance Of Counsel
• Reinstatement-of-suit

Shabaa Supply Solution Building & Engineering Construction Limited & 2 others v SMP Capital Ltd

Shabaa Supply Solution Building & Engineering Construction Limited & 2 others v SMP Capital Ltd [2024] KEHC 2408 (KLR)

Court

High Court

Case number

Commercial Appeal E059 of 2022

Judge

A Mabeya

The High Court reinstated an application dismissed for non-attendance after finding the hearing date had been confused and the appellants should not be shut out from a merits hearing.

• Setting Aside Ex Parte Orders
• Reinstatement Of Applications
• Non Attendance Of Counsel
• Court Listing Errors
• Setting-aside-ex-parte-orders
• Reinstatement-of-applications

Maneno & others v Ibrahim & 3 others

Maneno & others v Ibrahim & 3 others [2023] KEELC 19324 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 30 of 2016

Judge

MAO Odeny

The court declined to fully reopen the hearing after finding the defendants gave contradictory reasons for non-attendance and delayed the application.

• Reopening Of Case
• Non Attendance Of Counsel
• Withdrawal Of Claim
• Court Discretion
• Adjournment
• Expeditious Justice

Makau v Cook ‘N’ Lite Ltd

Makau v Cook ‘N’ Lite Ltd [2022] KEELRC 13299 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 902 of 2016

Judge

AK Nzei

The court refused to reopen the respondent’s defence case after non-attendance on the hearing date, finding no sufficient cause for the absences.

• Reopening Of Case
• Non Attendance Of Counsel
• Exercise Of Judicial Discretion
• Reopening-of-case
• Non-attendance-of-counsel
• Judicial-discretion

Sewe Group Limited v Fort Investrust Limited

Sewe Group Limited v Fort Investrust Limited [2022] KEHC 12421 (KLR)

Court

High Court

Case number

Miscellaneous Application E1292 of 2020

Judge

A Mshila

The court found that the applicant's failure to attend court was due to circumstances beyond their control, specifically a power outage that caused the advocate to be logged off from the online session. The court considered the reasons advanced by the applicant and determined that sufficient cause had been shown to warrant setting aside the dismissal order. The court emphasized that its discretion should be exercised to avoid injustice and that the respondent would not suffer prejudice, as they would have an opportunity to challenge the application on its merits. Accordingly, the court allowe…

Source excerpt

• Reinstatement Of Dismissed Suit
• Exercise Of Judicial Discretion
• Non Attendance Of Counsel
• Setting Aside Orders

Republic v Municipal Council of Mombasa Ex parte Bronson Hare Chogo, Onesmus Mangaro, Pauline Kanyora & Maurice Simon Ochieng; African University Trust of Kenya (Interested Party)

Republic v Municipal Council of Mombasa Ex parte Bronson Hare Chogo, Onesmus Mangaro, Pauline Kanyora & Maurice Simon Ochieng; African University Trust of Kenya (Interested Party) [2022] KEELC 1303 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application 103 of 2012

Judge

NA Matheka

The court found that the applicant's reasons for non-attendance were unsatisfactory and did not amount to an excusable mistake or error. The applicant's counsel had failed to attend court on multiple occasions, causing unreasonable and inordinate delay in the finalization of the case and prejudice to the respondent. The court emphasized that judicial discretion to set aside ex parte orders is not to be exercised in favour of parties who fail to provide sufficient and plausible reasons for their default, especially where there is a pattern of non-attendance. The overriding objective of the cou…

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• Setting Aside Ex Parte Orders
• Reinstatement Of Suit
• Judicial Discretion
• Non Attendance Of Counsel

Francis Ndegwa Muhoro v Ahmednasir M. Abdullahi

Francis Ndegwa Muhoro v Ahmednasir M. Abdullahi [2020] KEHC 6343 (KLR)

Court

High Court

Case number

Civil Suit 91 of 2016

Judge

A Mbogholi-Msagha

The High Court allowed an application to defer ruling on a strike-out motion so the plaintiff could be heard, but ordered the plaintiff to pay costs caused by non-attendance.

• Right To Be Heard
• Non Attendance Of Counsel
• Application To Strike Out
• Adjournment
• Costs Orders
• Right-to-be-heard

Sylvester Libondo Alias Pepele v Ferdinand Esese Mutsami Alias Esese & Machisemula Musinzi Musonye

Sylvester Libondo Alias Pepele v Ferdinand Esese Mutsami Alias Esese & Machisemula Musinzi Musonye [2020] KEELC 2995 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 202 of 2014

Judge

NA Matheka

The court set aside a dismissal for want of prosecution, reinstated the land suit, and ordered the applicant to obtain a hearing date within 30 days.

• Dismissal For Want Of Prosecution
• Reinstatement Of Suit
• Non Attendance Of Counsel
• Land Ownership Dispute
• Dismissal-for-want-of-prosecution
• Reinstatement-of-suit

Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (Kudheiha Workers) v Windsor Golf & Country Club

Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (Kudheiha Workers) v Windsor Golf & Country Club [2018] KEELRC 1979 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 24 of 2001

Judge

HS Wasilwa

The court found that although the respondent's application for review was premised on counsel's mistake in failing to attend court, the more compelling reason for granting the application was the presence of interested parties who had been enjoined but had not participated or been served. Proceeding to judgment without considering the interests of these parties would constitute an error. Therefore, the court exercised its discretion to allow the application, set aside the previous orders closing the respondent's case, and re-opened the case for hearing to ensure all parties' interests are add…

Source excerpt

• Review Of Court Orders
• Reopening Of Case
• Non Attendance Of Counsel
• Discretion Of Court
• Interested Parties
• Delay Of Judgment