Case ID:159869

Peter C. Gatoto Karanja & another v Stephen Karanja Gatoto & another [2020] eKLR

Case Metadata

Case Number:

Environment and Land Suit 218 of 2012 Consolidated With Environment and Land Case 539 of 2009

Parties:

Peter C. Gatoto Karanja & James Wanyoike Gatoto v Stephen Karanja Gatoto & Godfrey Njoroge Wanyoike

Date Delivered:

18 Jun 2020

Case Class:

Civil

Court:

Environment and Land Court at Nairobi

Case Action:

Ruling

Judge(s):

Loice Chepkemoi Komingoi

Citation:

Peter C. Gatoto Karanja & another v Stephen Karanja Gatoto & another [2020] eKLR

Advocates:

Mr. Njoroge for Mutiso for the Plaintiffs

Court Division:

Environment and Land

County:

Nairobi

Advocates:

Mr. Njoroge for Mutiso for the Plaintiffs

History Advocates:

One party or some parties represented

Case Outcome:

Application allowed.

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT NAIROBI

ELC SUIT NO. 218 OF 2012

CONSOLIDATED WITH ELC NO. 539 OF 2009

PETER C. GATOTO KARANJA...........................................1

ST

PLAINTIFF

JAMES WANYOIKE GATOTO............................................2

ND

PLAINTIFF

VERSUS

STEPHEN KARANJA GATOTO.......................................1

ST

DEFENDANT

GODFREY NJOROGE WANYOIKE...............................2

ND

DEFENDANT

RULING

1.

This is the notice of motion dated 10

th

June 2019 brought under order 12 rule 7 of the Civil Procedure Rules.

2.

It seeks orders:-

1.

That the orders of 20

th

May 2019 be set aside and the plaintiff’s suit be reinstated for hearing.

2.

That costs of this application be provided for.

3.

The grounds are on the face of the application and are:-

(a)

That the non attendance in court was due to unavoidable circumstances.

(b)

That the plaintiff is keen on prosecuting his claim and will be seriously prejudiced if the counterclaim is decided against him.

4.

The application is supported by the affidavit of James Wanyoike Gatoto, one of the plaintiff’s herein sworn on the 10

th

June 2019.

5.

The application is opposed. There is a replying affidavit sworn by Stephen Karanja Gatoto, the 1

st

defendant herein sworn on the 29

th

July 2019.

6.

The application was canvassed by oral submissions.

7.

I have considered the notice of motion on the affidavit in support, the replying affidavit and the oral submissions of counsel. The issue for determination is whether this application is merited.

8.

I note that, James Wayoike Gatoto, the 2

nd

plaintiff is elderly. It has been stated that on 20

TH

May 2019 he was indisposed. A letter dated 6

th

June 2019 from a clinical officer at Ngewa Health Center states that the 2

nd

plaintiff sought treatment at the facility on 16

th

May 2019. That he was advised to be on bed rest for five days from 17

th

May 2019 to 21

st

May 2019. He was asked to go back for review on 22

nd

May 2015. I am satisfied that the 2

nd

plaintiff was indisposed on 20

th

May 2019 when the suit was dismissed.

9.

I am also satisfied that there are justifiable reasons to warrant reinstating of the plaintiff’s suit. The plaintiffs deserve an opportunity to ventilate their claim I therefore grant the orders namely; that the orders of 20

th

May 2019 are hereby set aside and the plaintiff’s suit is reinstated. The plaintiffs shall bear costs of this application.

10.

It is so ordered.

Dated, signed and delivered in Nairobi on this 18

th

day of June 2020.

..........................

L. KOMINGOI

JUDGE

In the presence of:-

Mr. Njoroge for Mutiso for the plaintiffs

No appearance for the defendants

Kajuju – Court Assistant.