- The notice of motion dated 20/12/2024 was brought by the petitioner. It seeks the review and setting aside of the court order dated 6th November, 2020 dismissing the suit for want of prosecution. The application is based on the ground that on 6th November, 2020 when the matter came up for hearing of the Notice to show cause why the suit should not be dismissed for want of prosecution, the petitioner was not aware and was never served.
- The Petitioner also explained that the delay in prosecuting the matter was neither deliberate nor intentional and therefore averred that it is in the interest of justice that his application be allowed. He relied on the averments set out in his supporting affidavit sworn on 20th December, 2024.
- Having given due consideration to the application, the averments in the supporting affidavit and the proceedings herein, I am satisfied that sufficient cause has been shown to warrant review.
- The application is therefore allowed and the orders of 6th November, 2020 are hereby set aside.
It is so ordered.
Ruling signed, dated and delivered virtually at Homa Bay this 20th day of February, 2025.