JULIUS MUCHIRA NGUU V. ELIZABETH MUTHONI & 2 OTHERS

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 29^th 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 25^th may 2006. That notice of motion seeks an order from this court to review and set aside the order of dismissal of 29^th 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 17^th March 1987. The applicant instructed his advocate to apply to set aside the award of that arbitration and the same was allowed on 4^th November 1983. On 16^th 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…