Kerema v Lugwili & 3 others (Environment and Land Case Civil Suit 4 of 2020) [2026] KEELC 2907 (KLR)
The bottom line
#A Kenyan court reinstated a landowner's dismissed lawsuit, ruling that parties must be properly served with hearing notices before their cases can be thrown out.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Applicant has established sufficient grounds to warrant the Court exercising its discretion to set aside the order of dismissal made on 25th February 2025 and to reinstate the suit
Key legal issues
#Whether the dismissal for want of prosecution should be set aside and the suit reinstated
The dismissal is set aside; non-attendance was an excusable mistake and inadvertence, not deliberate obstruction, and no service of a Hearing Notice or Notice to Show Cause for the dismissal date was proved
The court found the bank proved service of a Mention Notice for 30th January 2025 but not of a Hearing Notice or Notice to Show Cause for the dismissal date of 25th February 2025. Natural justice required an opportunity to be heard. Following Shah v Mbogo and Belinda Murai v Amos Wainaina, and Article 159(2)(d), the court held counsel's lapse excusable, balancing the bank's commercial grievance with throwaway costs.
Legal principles established
#- A party must be given an opportunity to be heard before an adverse action such as dismissal of a suit is taken against them
- Mistakes of counsel should not be rigidly visited upon an innocent litigant where the consequences are severe
Court orders
#- 1.The order of 25th February 2025 dismissing the Plaintiff's suit is set aside
- 2.The suit in ELC Case No. 4 of 2020 is reinstated for hearing and determination on its merits
- 3.A temporary injunction is issued restraining the Defendants, their agents or anyone on their behalf, from selling, transferring or alienating L.R. No. Kajiado/Kitengela/95834 pending hearing and determination of the reinstated suit
- 4.The Applicant shall pay throw-away costs of Kshs. 30,000/= to the 4th Defendant within 30 days of the ruling
- 5.The reinstated suit shall be mentioned on a date to be fixed for pre-trial directions
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 12 Rule 7 of the Civil Procedure Rules, 2010
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
no conclusive evidence has been placed before me demonstrating that the Applicant or his advocates were duly served with a specific Hearing Notice or Notice to Show Cause for the actual date of dismissal, being 25th February 2025
That the order of this Court issued on 25th February 2025 dismissing the Plaintiff's suit is hereby set aside.
That this suit in ELC Case No. 4 of 2020 is hereby reinstated for hearing and determination on its merits.
That pending the hearing and determination of the reinstated suit, an order of temporary injunction is hereby issued restraining the Defendants, either by themselves, their agents, or anyone acting on their behalf, from selling, transferring, or alienating L.R. No. Kajiado/Kitengela/95834.
That the Applicant shall pay throw-away costs of Kshs. 30,000/= to the 4th Defendant within 30 days of this ruling.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kerema v Lugwili & 3 others (Environment and Land Case Civil Suit 4 of 2020) [2026] KEELC 2907 (KLR)", Case Analysis (2026). ELC Case No. 4 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2907/eng@2026-05-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.