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…He urged this Court to exercise discretion by setting aside the dismissal order and reinstate the application for justice to be done. 4.…

…The same test will apply in an application to reinstate a suit and a Court of law should consider whether there are reasonable grounds to reinstate such suit-of course after considering the prejudice that the defendant would…

…NO. 1443 of 1992 be reinstated. Supported by prior affidavit of the applicant.…

…The applicants bail is reinstated on similar terms as granted earlier. Orders accordingly. Dated and delivered at Nairobi this 3rd day of June, 1998 J.L.A. OSIEMO JUDGE…

…The main issue for the court’s determination is whether the appeal should be reinstated.…

…reinstatement and the prejudice to be suffered by the opposite party if such an order for reinstatement were to issue bearing in mind at the same time that dismissal is a draconian order that drives parties away from the…

…The withdrawal was voluntary and unconditional, the Applicant has not provided any compelling legal or factual reason for reinstatement and has not proved that the withdrawal and non-reinstatement causes prejudice.…

…is no legal provision catering to the reinstatement of withdrawn suits. 19.…

…They submit that reinstatement of a suit is at the discretion of the court which ought to be exercised judiciously.…

…The court noted that there was no appearance for parties and that the suit had not been prosecuted after it was reinstated and therefore set aside the order reinstating the suit.…

…The Application herein seeks reinstatement of this Succession Cause which was dismissed for want of prosecution about 4 years ago.…

…The issue that arises for determination in this matter is “whether the dismissal of this Succession Cause in the year 2020 for want of prosecution should be set aside and the Cause reinstated”. 10.…

…It was also submitted that no prejudice will be caused to the Respondent if the application dated 31st December 2024 is reinstated.…

…The applicant should equally demonstrate that reinstatement will not occasion irreparable prejudice to the Respondent Where reinstatement of applications dismissed for non-attendance the Applicant should show a satisfactory…

…for reinstatement of this Succession Cause.…

…The same test will apply in an application to reinstate a suit and a court of law should consider whether there are reasonable grounds to reinstate such suit-of course after considering the prejudice that the defendant would…

…Whether the learned trial magistrate properly exercised her judicial discretion in dismissing the application for reinstatement; ii.…

…(ii) Alleged misapprehension of the law on reinstatement 16.…

…The principal issue for determination is whether the suit should be reinstated.…

…In applications for reinstatement, the court must weigh whether reasonable grounds have been advanced to justify reinstatement against any prejudice that may be occasioned to the opposing party if such reinstatement were…

…The matter dated 27/6/2025 for reinstatement of the application dated 13/2/2025. 20.…

…The applicant must show that if the case is reinstated, the defendant will not suffer prejudice that cannot be cured by paying "throwaway costs" (costs for the wasted day). Prompt Filing of Reinstatement Application.…

…d) Whether this Honourable Court should entertain the applicant’s attempt to litigate substantive issues in an application for reinstatement e) Whether reinstatement of the suit would unjustly prejudice the respondent f)…

…Whether the Application dated 30th January 2025 seeking to reinstate the application for revocation of grant dated 9th January 2013 is merited. 9.…

…for reinstatement of the dismissed petition, over two years ago on 31 st May, 2024. 20.…

…The grounds for reinstatement do not reflect the true position. 21. The petitioner/applicants is guilty of laches and to the extreme.…

…The appeal herein is against a ruling of the trial court issued on 3rd November 2021 dismissing the Plaintiffs/Appellants’ application dated 26th July 2021 for reinstatement of suit. 2.…

…The issue of reinstatement of a suit is an exercise of discretion which must be exercised judicially and fairly.…

…Whether the Applicant has demonstrated sufficient cause to warrant reinstatement of the suit. Analysis and Determination On Jurisdiction and the Effect of the Prior Order 5.…

…The proper course for the Applicant would be to move under the Arbitration Act for appropriate directions or relief, not to seek reinstatement of the suit already referred. On Reinstatement of the Suit 11.…

…From that date, the applicants did take any step in the appeal until the 30th May, 2025 when they filed the present application to reinstate the appeal.…

…Going by that assertion, the court notes that it took the applicants seven (7) months to move the court with an application for reinstatement.…

…court is not dealing with the merits or demerits of the application sought to be reinstated, lest it trespass upon the territory of another judge.…

…That caution binds this Court twice over: it must neither prejudge the application sought to be reinstated, nor sit in judgment over the order that dismissed it. 14.…

…With regard to reinstatement of the suit, Counsel for the Applicant relied on the proviso of Order 12 Rule 7 of the CPR and Section 3A of the CPA.…

…The reinstated the holding in Belinda Murai & Others - v- Amos Wainaina (1978) LLR 2782 (CALL). 17.…

…Aggrieved by the dismissal, the Plaintiffs filed the present application seeking to have the suit reinstated.…

…Both parties reiterated their respective positions, with the Plaintiffs urging the Court to exercise its discretion to reinstate the suit, and the Defendants opposing reinstatement on grounds of inordinate delay on the part…