Zipporah Jepkemboi Korir & another v Ministry of Education & 5 others [2020] KEELC 296 (KLR)
The bottom line
#The High Court refused to reinstate a suit dismissed after the plaintiffs and their lawyer missed the hearing and delayed for months before acting.
What this practically means
#Executive summary
#Key legal issues
#Whether the dismissal of the Plaintiffs' suit for non-attendance should be set aside and the suit reinstated
The application was dismissed; no reasonable explanation was given for the non-attendance or the delay in filing the application
The hearing date of 11th March, 2020 had been fixed on 24th September, 2019 in the presence of the 1st Plaintiff and her counsel. Counsel claimed failure to diarize but no diary was annexed as evidence. The 1st Plaintiff did not explain her absence, and no reason was given for filing the application over three months after dismissal. The court held justice delayed is justice denied.
Costs of the application
Costs awarded to the Defendants as costs follow the event
Applying Section 27 of the Civil Procedure Act, the court held that costs follow the event and, the application having failed, the Plaintiffs were to pay the costs of the application.
Legal principles established
#- What amounts to inordinate and unreasonable delay depends on the circumstances of each case
- Inaction by counsel and party does not suffice to explain delay
- Costs follow the event under Section 27 of the Civil Procedure Act
Court orders
#- 1.The Plaintiffs' Notice of Motion dated the 16th March, 2020 under Certificate of Urgency dated 30th June, 2020 and filed on 2nd July, 2020 is dismissed with costs.
- Jurisdiction invoked
- Inherent jurisdiction of the High Court to set aside dismissal orders and Section 27 of the Civil Procedure Act on costs
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Zipporah Jepkemboi Korir & another v Ministry of Education & 5 others [2020] KEELC 296 (KLR)", Case Analysis (2020). Eldoret High Court Civil Suit (Notice of Motion dated 16th March, 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/296/eng@2020-12-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.