The interested parties have filed this application dated 5th March 2025 seeking orders that the Honorable Court be pleased to review and or set aside the orders of 25th February 2025, dismissing / striking out the suit herein. This suit be reinstated and set down for hearing and determination of the interested parties claim on merit. Costs of the application be provided for.
The application is based on grounds that the Honorable Court had given directions in the ruling dated 7th November 2024 that parties be served with the interested parties defence and any other documents. That the parties were served with the interested parties defence and counter claim on 14th December2024.
The matter came for mention on the 25th February 2025, however counsel for the interested parties had network related challenges, due to gadget failure and hence was not able to handle the matter when it was called out. That he later managed to get back and learnt the matter had been called out and suit dismissed. The applicants contend that failure to be present and address the court was not deliberate but due to technological challenges beyond his control. That the same were not his own making and thus the interested parties should not suffer as a result of that. The supporting affidavit reiterates the grounds of the application.
This application is opposed vide a replying affidavit of Mary Wanjiru Mwangi. The gist of the affidavit is that the matter was marked as closed by the court in view of the information given by parties who attended court and that the suit was not dismissed.
This court finds that the suit was marked as closed and not dismissed by the court on the said date. There is judgment of this court delivered on 27th April 2022 which has never been set aside. There is an appeal pending in the court of Appeal. I do note that the interested parties have not given good reasons for their failure to attend court as no evidence has been availed that they tried to log into the system. Moreover, the suit was not dismissed as alleged. I do order that the application dated 5th March 2025 be dismissed with costs.
The application is based on grounds that the Honorable Court had given directions in the ruling dated 7th November 2024 that parties be served with the interested parties defence and any other documents. That the parties were served with the interested parties defence and counter claim on 14th December2024.
The matter came for mention on the 25th February 2025, however counsel for the interested parties had network related challenges, due to gadget failure and hence was not able to handle the matter when it was called out. That he later managed to get back and learnt the matter had been called out and suit dismissed. The applicants contend that failure to be present and address the court was not deliberate but due to technological challenges beyond his control. That the same were not his own making and thus the interested parties should not suffer as a result of that. The supporting affidavit reiterates the grounds of the application.
This application is opposed vide a replying affidavit of Mary Wanjiru Mwangi. The gist of the affidavit is that the matter was marked as closed by the court in view of the information given by parties who attended court and that the suit was not dismissed.
This court finds that the suit was marked as closed and not dismissed by the court on the said date. There is judgment of this court delivered on 27th April 2022 which has never been set aside. There is an appeal pending in the court of Appeal. I do note that the interested parties have not given good reasons for their failure to attend court as no evidence has been availed that they tried to log into the system. Moreover, the suit was not dismissed as alleged. I do order that the application dated 5th March 2025 be dismissed with costs.