judy.legal
Login Register

JULIUS MUCHIRA NGUU v. ELIZABETH MUTHONI & 2 OTHERS

(2008) JELR 101256 (CA)

Court of Appeal  •  Civil Suit 90 of 1987  •  21 Oct 2008  •  Kenya

Coram
Mary Muhanji Kasango

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT MALINDI

Civil Suit 90 of 1987

JULIUS MUCHIRA NGUU ............................ PLAINTIFF

Versus

ELIZABETH MUTHONI and 2 OTHERS .......... DEFENDANT

RULING

On 29th June 2001 this case was dismissed under Order XVI Rule 6 of the Civil procedure Rules. That dismissal was on court’s own motion for want of prosecution. This ruling now relates to notice of motion dated 25th may 2006. That notice of motion seeks an order from this court to review and set aside the order of dismissal of 29th June 2001. The applicant in his affidavit in support outlined the action that had been taken in this matter. The matter was referred for arbitration on 17th March 1987. The applicant instructed his advocate to apply to set aside the award of that arbitration and the same was allowed on 4th November 1983. On 16th June 1995 this court allowed the applicant to amend the plaint. Thereafter he stated that he continually instructed his advocate to fix the suit for hearing. Al…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login