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ELCDismissedNotice of Motion dated 16th December 2019· [2021] KEELC 4477 (KLR)
H. W. Njoroge v William Njoroge Mbote [2021] KEELC 4477 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#The High Court of Kenya refused to reinstate a case dismissed for being inactive twice, warning that repeated delay without good reasons will end a lawsuit for good.
What this practically means
#Executive summary
#This ruling determines a notice of motion dated 16th December 2019 brought under section 3 and 3A of the Civil Procedure Act and Order 51 rule 15 of the Civil Procedure Rules, seeking to set aside the order of 9th December 2019 dismissing the plaintiff's suit for want of prosecution, to reinstate the suit, and for costs to be in the cause. The application was supported by the affidavit of Kenneth Wilson, advocate for the plaintiff, and opposed by a replying affidavit sworn by Mwaniki Njuguna, advocate for the defendant. The application was canvassed by oral submissions. The court framed a single issue: whether the application was merited. Examining the reasons given in the supporting affidavit, the court found them implausible. Critically, the court observed from the record that this was the second occasion on which the plaintiff sought reinstatement of the suit after dismissal for want of prosecution, and concluded that the plaintiff was not desirous of prosecuting the case. Finding no merit in the application, the court dismissed it and made no orders as to costs. The judgment was delivered in Nairobi on 28th January 2021 by L. Komingoi, Judge, with both counsel present.
Key legal issues
#01
Whether the application to set aside the dismissal of the plaintiff's suit for want of prosecution and to reinstate it was merited
Holding
The application was not merited and was dismissed
Reasoning
The court considered the reasons given by the plaintiff's advocate, Mr. Kenneth Wilson, in his supporting affidavit and found them implausible. The court noted from the record that this was the second time the plaintiff sought reinstatement of the suit after dismissal for want of prosecution, and concluded that the plaintiff was not desirous of prosecuting the case.
p. 1
Legal principles established
#- A second application for reinstatement of a suit dismissed for want of prosecution requires plausible reasons; a plaintiff who repeatedly fails to prosecute the suit will not be granted reinstatement
Court orders
#- 1.The notice of motion dated 16th December 2019 seeking to set aside the order of 9th December 2019 and reinstate the plaintiff's suit is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Section 3 and 3A of the Civil Procedure Act Cap 21 and Order 51 Rule 15 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "H. W. Njoroge v William Njoroge Mbote [2021] KEELC 4477 (KLR)", Case Analysis (2021). Notice of Motion dated 16th December 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/4477/eng@2021-01-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.