Ezekial Gumbo v Bob Morgan Co-op Soc. Ltd [2020] eKLR Case Summary

Court
Co-operative Tribunal at Nairobi
Category
Civil
Judge(s)
Hon. B. Kimemia (Chairman), Hon. F. Terer (Deputy Chairman), P. Gichuki (Member)
Judgment Date
April 30, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of Ezekial Gumbo v Bob Morgan Co-op Soc. Ltd [2020] eKLR, detailing key legal principles and implications. Ideal for legal professionals and students alike.

Case Brief: Ezekial Gumbo v Bob Morgan Co-op Soc. Ltd [2020] eKLR

1. Case Information:
- Name of the Case: Ezekial Gumbo v. Bob Morgan Co-Op Soc. Ltd
- Case Number: Tribunal Case No. 312 of 2019
- Court: Co-operative Tribunal at Nairobi
- Date Delivered: April 30, 2020
- Category of Law: Civil
- Judge(s): Hon. B. Kimemia (Chairman), Hon. F. Terer (Deputy Chairman), P. Gichuki (Member)
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court include:
a. Whether the Claimant has established a proper basis to warrant the reinstatement of the suit.
b. Who should bear the costs of the Application.

3. Facts of the Case:
The Claimant, Ezekial Gumbo, initiated a suit against the Respondent, Bob Morgan Co-Op Soc. Ltd, on June 14, 2019. However, on September 2, 2019, a Notice of Withdrawal of Suit was filed by his previous Advocates, which the Claimant later contested, asserting that he only intended to withdraw instructions from his lawyers, not the suit itself. He expressed a desire to prosecute the suit to its logical conclusion, claiming he was unaware of the status of his claim.

4. Procedural History:
The Claimant filed an Application on January 13, 2020, requesting the reinstatement of the suit, supported by his Affidavit. The Respondent did not file a substantive response but submitted written submissions opposing the Application on June 10, 2020. The Tribunal directed that the Application be disposed of through written submissions, which were filed by both parties in June 2020.

5. Analysis:
- Rules: The court's authority to reinstate a suit is discretionary, guided by Section 3A of the Civil Procedure Act (Cap 21) of Kenya. The principles of equity play a crucial role in such decisions.
- Case Law: The court referenced several cases, including *Belinda Murai & others v. Amoi Wainaina* (1978), which emphasized that mistakes made by lawyers should not bar access to justice. In *Wanjiku Kamau v. Tabitha Kamau & 5 others* (2014) eKLR, the court reiterated the broad discretion judges have in setting aside judgments or orders. Lastly, in *Lochab Bros Ltd v. Peter Kalama* (20 eKLR), the court focused on the need to do justice to the parties involved.
- Application: The Tribunal found that the Claimant’s suit had been withdrawn as of September 2, 2019, based on the Notice filed by his Advocates. Despite the Claimant's assertion that he did not authorize the withdrawal, the Notice clearly indicated his instructions to withdraw the claim. The court concluded that the Claimant would not suffer prejudice if the suit was not reinstated, as he could file a fresh suit under Order 25 of the Civil Procedure Rules.

6. Conclusion:
The Tribunal disallowed the Claimant's Application for reinstatement of the suit, determining that there was no merit in the request. The Claimant was informed of his option to pursue a new claim under the applicable rules.

7. Dissent:
There were no dissenting opinions noted in this ruling.

8. Summary:
The Co-operative Tribunal ruled against Ezekial Gumbo's Application for the reinstatement of his suit against Bob Morgan Co-Op Soc. Ltd, affirming that the withdrawal was valid and that the Claimant could initiate a new suit if desired. This case underscores the importance of clear communication between clients and their legal representatives and the discretionary power of the courts in matters of reinstatement of suits.

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