High Court 2255 of 2014

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL &ADMIRALTY DIVISION HCC NO. 1877 OF 2001 JEDIDA NGINA KIBUNTA..............................................PLAINTIFF -VsCITY COUNCIL OF NAIROBI.................................1st DEFENDANT ABRAHAM MWANGI NJIHIA ................................2nd DEFENDANT THE CHIEF LAND REGISTRAR................................ rd DEFENDANT MORRIS GITONGA NJUE.......................................4th DEFENDANT VERA MWASI........................................................5 th DEFENDANT RULING 1. The Plaintiffs suit herein was dismissed on 2 nd February 2012 by this court on failing by the parties to attend to a Notice To Show Cause dated 16.1.2012. The Plaintiff has now on a Notice of Motion application dated 2 nd May 2014, the subject of this Ruling, praying for an Order of reinstatement of the suit. 2. The said application was served on all the parties and the Applicant caused an Affidavit of service to be filed in court on 19 th May 2014. 3. I have carefully considered the application, the grounds set out for it and the Supporting Affidavit sworn by the Plaintiff on 2 nd May 2014. 4. The applicant has explained to my satisfaction the reasons for delay. She was for a long time unable to secure money for advertisement of a substituted process in a newspaper. She has now secured the money and is ready to proceed. In the exercise of my discretion, and so that justice may be seen to be at play, I herewith allow the application and make the following Orders: i. The Order of dismissal of the suit herein issued on 2 nd February 2012 is hereby set aside and the suit is hereby reinstated to proceed to fully hearing. ii. The Plaintiff must take a positive action within 30 days from the date of the ruling. iii. The matter will be mentioned on 4th November, 2014 for further directions. iv. Costs shall be in the cause. Orders accordingly. Dated, Read and Delivered at NAIROBI this 26th Day of September 2014. E.K.O OGOLA

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