The Plaintiff in the application dated 31.05.2023 seeks to reinstate the suit that was dismissed for want of prosecution on 30.03.2023. On 25.01.2023 the court had granted the Plaintiff’s application for re-issue of summons. Had the court been aware that it had granted leave for re-issue of summons which remain valid for one year, it would not have dismissed the suit.
Further, since the Defendant has now entered appearance on 24.02.2023, the issue of service is deemed to be waived. Costs of the application in the cause.
The matter shall be mentioned on 29.01.2023 before the DR for pre-trial directions. Notice to issue.
DATED and DELIVERED at NAIROBI this 6th day of NOVEMBER 2023
D. S. MAJANJA
JUDGE