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ELCPartially AllowedEnvironment & Land Case 882 of 2017· [2023] KEELC 20903 (KLR)
Mbau v Attorney General & 2 others; Mbau (Applicant)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Environment and Land Court reinstated a land suit after the applicant obtained letters of administration, showing courts will revive cases when delay is properly explained.
What this practically means
#Executive summary
#This is a short unopposed ruling of the Environment and Land Court at Kajiado (LC Komingoi, J) on a Notice of Motion dated 16 March 2023 brought by Kennedy Murigi Mbau under Sections 1A, 1B, 3 and 3A of the Civil Procedure Act and Order 45 and Order 51 rule 1 of the Civil Procedure Rules. The application sought to set aside the orders made on 20 February 2023 and to reinstate the suit, being Joyce Wambui Mbau v Attorney General & 2 others, ELC Case 882 of 2017. The applicant supported the motion with his affidavit sworn on 15 March 2023. The application was not opposed by the defendants. The court noted that the applicant had been granted letters of administration on 17 February 2023, which appears to have prompted the application, and expressed satisfaction with the reasons given for the delay. The judge granted prayers 2 and 3 of the motion, setting aside the orders of 20 February 2023 and reinstating the suit. On costs, the court declined to make a definitive award, directing that costs abide the outcome of the main suit. The ruling was signed, dated and delivered virtually at Kajiado on 19 October 2023, with Mr Mutali appearing for the plaintiff/applicant and the defendants not attending.
Key legal issues
#01
Whether to set aside the orders of 20 February 2023 and reinstate the suit
Holding
Application allowed; orders set aside and suit reinstated
Reasoning
The application was unopposed. The court noted that the applicant had obtained letters of administration on 17 February 2023, and was satisfied with the reasons given for the delay in pursuing the matter. On that basis the court granted prayers 2 and 3 of the notice of motion, restoring the suit to the court's docket, with costs to abide the main suit.
p. 2
Legal principles established
#- A court may set aside its orders and reinstate a suit where satisfactory reasons are given for delay, particularly where the applicant has since obtained letters of administration
Court orders
#- 1.The orders made on the 20th day of February 2023 set aside (prayer 2 granted)
- 2.The suit reinstated (prayer 3 granted)
- 3.Costs to abide the outcome of the main suit
- Jurisdiction invoked
- Sections 1A, 1B, 3 and 3A of the Civil Procedure Act; Order 45 and Order 51 rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mbau v Attorney General & 2 others; Mbau (Applicant)", Case Analysis (2023). Environment & Land Case 882 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20903/eng@2023-10-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.