<p style="text-align: center"><strong><u>JUDGMENT OF THE COURT</u></strong></p><ol><li><p style="text-align: justify">By way of background, the appellant, vide a Notice of Motion dated 24th September, 2015, sought to have HCCC No. 1264 of 2004, which it had filed against the respondents reinstated, following an order dismissing the suit for want of prosecution on 8th April, 2015. In her ruling of 29th January, 2019, the court (<strong><em>Kamau, J</em></strong>.) found that the application was devoid of merit and dismissed it with costs. The learned judge held as follows:</p><blockquote><p style="text-align: justify"><strong><em>“Bearing in mind the circumstances of this case and weighing the provisions of Article 50 of the Constitution of Kenya that provides that every person has a right to have any dispute decided in a fair and public hearing before a court vis-à-vis the provisions of Article 159 (2) (b) of the Constitution of Kenya, and being aware of how drastic it is to deny a party an opportunity to have his day in court, this court nonetheless found that the prejudice the 1st and 2nd defendants would suffer due to the reinstatement of the suit on account o…</em></strong></p></blockquote></li></ol>