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The High Court held that expiry of a scheduled speed track does not justify dismissal of a suit; the proper course is to amend the scheduling order and proceed on the merits.
The High Court allowed an appeal, holding the trial court should have dismissed the earlier suit for nonattendance at pretrial and mediation, not struck it out with leave to refile.
A decree dismissing a suit with costs, without granting any relief to either party, is not executable and thus cannot be stayed; the application for stay of execution is misconceived and untenable.
Source excerpt
The High Court Land Division held that a compensation claim over road project acquisition was filed out of time and dismissed the suit with costs.
The High Court dismissed an application to extend time for seeking to set aside a dismissal order, finding the applicant failed to show sufficient cause for a long delay.
The court is functus officio due to its previous dismissal of a suit involving the same cause of action and reliefs; the dismissal order bars the plaintiffs from instituting a fresh suit on the same subject matter unless the dismissal order is varied or vacated.
Source excerpt
The High Court dismissed a temporary injunction application after the related main application had already been dismissed, making the injunction incompetent.
The High Court dismissed the suit after denying an adjournment request, holding that the plaintiff gave no sufficient cause for non-appearance at hearing.
The Court of Appeal held that the High Court wrongly dismissed a land suit at pre-trial while the appellant was present in person, and remitted the case for determination.
The Court of Appeal quashed a High Court order dismissing a suit at hearing, holding the trial court used inapplicable CPC provisions and should have dealt with witness statements properly.
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