1. The Plaintiff has vide an undated, unsigned notice of motion which has no supporting affidavit moved this court for grant of the following orders:-
1) That the honourable court be pleased to order that the suit be reinstated and that the suit dismissal orders issued be set aside.
2) That Plaintiff (sic) be allowed to proceed with the case as withdraw of the advocate and the non attendance was unintentional.
2. Whereas directions had been taken for the filing of a response and submissions, I have perused the court file and the application herein and I have noted that the case herein was never withdrawn but rather a consent judgment was entered into by parties on 5th October 2017 and on 15th July 2021 the Plaintiff/Applicant withdrew it’s notice to show cause dated 18th June 2021 and applied to have this file marked as closed, which application was duly allowed. This file was thus marked as closed and sent to the archives.
3. Premised upon the above findings and without regard to the fatal defects in this application, I do find that it is without merit and I thus dismiss it with costs to the Defendant/Respondent which are assessed at Kshs.30,000.
4. This file is marked as closed.
Dated, signed and delivered at Kisumu this 30th day of September, 2024.
1) That the honourable court be pleased to order that the suit be reinstated and that the suit dismissal orders issued be set aside.
2) That Plaintiff (sic) be allowed to proceed with the case as withdraw of the advocate and the non attendance was unintentional.
2. Whereas directions had been taken for the filing of a response and submissions, I have perused the court file and the application herein and I have noted that the case herein was never withdrawn but rather a consent judgment was entered into by parties on 5th October 2017 and on 15th July 2021 the Plaintiff/Applicant withdrew it’s notice to show cause dated 18th June 2021 and applied to have this file marked as closed, which application was duly allowed. This file was thus marked as closed and sent to the archives.
3. Premised upon the above findings and without regard to the fatal defects in this application, I do find that it is without merit and I thus dismiss it with costs to the Defendant/Respondent which are assessed at Kshs.30,000.
4. This file is marked as closed.
Dated, signed and delivered at Kisumu this 30th day of September, 2024.