Case Metadata |
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| Case Number: | Civil Case 4664 of 1987 |
|---|---|
| Parties: | James Imbwoga Shiyoya v Stephen Njoroge & others |
| Date Delivered: | 12 May 2005 |
| Case Class: | Civil |
| Court: | High Court at Nairobi (Milimani Law Courts) |
| Case Action: | Ruling |
| Judge(s): | MA Ang'awa J |
| Citation: | Samuel Kamau Macharia & another v The Attorney General & another [2005] eKLR |
| Advocates: | Khamati Minishi & Co. Advocates for the plaintiff Guram & Co. Advocates & Co. for the defendant |
| Court Division: | Civil |
| Parties Profile: | Individual v Individual |
| County: | Nairobi |
| Advocates: | Khamati Minishi & Co. Advocates for the plaintiff Guram & Co. Advocates & Co. for the defendant |
| Case Summary: | [RULING]Civil Procedure - dismissal of suit for want of prosecution under the Civil Procedure Rules order XVI rule 6 - plaintiff granted an order for reinstatement of the suit - whether that order gave the court jurisdiction to proceed with the hearing of the suit - whether plaintiff should file a fresh suit. |
| History Advocates: | Both Parties Represented |
| History County: | Baringo |
| Case Outcome: | Dismissed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
1) Civil Practice and Procedure
2) Suit Dismissed under order 16 r 6 CPR
3) The court reinstated suit on 20.3.98 ,Ole Keiwua,J
4) Held Order 16 r 6 CP require a fresh suit to be filed
5) Case law – Nil
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JAMES IMBWAGA SHIYOYA …………………..…………….PLAINTIFF
Civil Case 4664 of 1987
VERSUS
STEPHEN NJOROGE & OTHERS ………….….……DEFENDANTS
RULING
Hon. Kuloba J dismissed this suit.
Two years later the plaintiff appeared before Ole Keiwua J (as he then was) and applied for the suit to be reinstated for hearings. This was granted by the said Hon. Judge.
The question now arises as to whether those said orders gives this court jurisdiction to proceed to hearings with this suit.
The procedure required that the said plaintiff do file a fresh suit for hearings. Thereafter the suit should have proceeded in a fresh file.
In this case the law requires a fresh suit, the discretion of dismissal having been given by Kuloba, J.
I on the other hand cannot move the orders of Ole Keiwua J unless an application to so do or appeal to the court of appeal is made.
The orders once removed would necessitate the applicant /plaintiff to apply for leave to file suit out of the required time and if allowed file a fresh suit.
The position in law is that this court has no jurisdiction to hear this matter as reinstating the same gives no jurisdiction to this court unless the Limitation of actions is complied with in a fresh suit. I dismiss this suit.
I award the costs of this suit to the defendant.
Dated this 12th day of May, 2005 at Nairobi.
M.A. ANG’AWA
JUDGE
Khamati Minishi & Co. Advocates for the plaintiff
Guram & Co. Advocates & Co. for the defendant
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