Gurucharan Singh Sabherwal & another v Bereda Imbakala Khayadi [2020] eKLR Case Summary

Court
Environment and Land Court at Kakamega
Category
Civil
Judge(s)
N.A. Matheka
Judgment Date
October 27, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

1. Case Information:
- Name of the Case: Gurucharan Singh Sabherwal & another v Bereda Imbakala Khayadi [2020] eKLR

- Case Number: ELC CASE NO. 14 OF 2014
- Court: Environment and Land Court at Kakamega
- Date Delivered: 27th October 2020
- Category of Law: Civil
- Judge(s): N.A. Matheka
- Country: Kenya

2. Questions Presented:
The central legal issues for the court to resolve include:
1. Whether the application to reinstate the suit should be granted despite the previous dismissals for want of prosecution.
2. Whether the applicant can be substituted as the personal representative of the deceased plaintiff's estate.
3. Whether the extension of time for making an application for substitution should be granted.

3. Facts of the Case:
The plaintiff, Gurucharan Singh Sabherwal, initiated a suit against the defendant, Bereda Imbakala Khayadi, on 23rd January 2014. Unfortunately, the plaintiff passed away on 7th December 2016 before the case was resolved. Following his death, the case abated, and the court dismissed it on 20th May 2019 and again on 8th July 2019 due to lack of prosecution and non-attendance. The death certificate was issued on 16th July 2019, and a limited grant of letters of administration ad-litem was granted to the applicant on 7th October 2019, enabling her to represent the estate of the deceased.

4. Procedural History:
The case progressed through the court system as follows:
- The original suit was filed in January 2014.
- The plaintiff’s death in December 2016 led to the abatement of the suit.
- The court dismissed the suit twice in 2019 for want of prosecution, specifically on 20th May and 8th July.
- The application for reinstatement and substitution was filed on 19th December 2019, seeking to revive the case and allow the applicant to represent the deceased plaintiff's estate.

5. Analysis:
Rules:
The court considered several legal provisions in its ruling, including:
- Article 22 (2)(B), Article 40 (1), and Article 159 (2)(D) & (E) of the Constitution of Kenya, which relate to the right to access justice.
- Sections 63 (E) and 95 of the Civil Procedure Act, along with Orders 12 Rule 7, Order 24 Rule 3 and 7, and Order 51 Rule 1 of the Civil Procedure Rules, 2010, which govern the reinstatement of suits and substitution of parties.

Case Law:
The court referenced the case of Utalii Transport Company Ltd & 3 Others vs NIC Bank & Another (2014) eKLR, which emphasized the plaintiff's responsibility to progress their case. The court also cited Ivita v Kyumbu (1984) KLR 441, where it was noted that reinstatement of a suit hinges on the delay being excusable and whether justice would still be served.

Application:
In applying the rules and case law to the facts, the court noted that the application to reinstate the suit lacked merit. The court emphasized that the plaintiff’s representatives failed to take timely action, leading to the suit's dismissal. The applicant's reasons for the delay were deemed unacceptable, and the court found that justice could not be served by reinstating a suit that had been dormant for an extended period.

6. Conclusion:
The court ultimately dismissed the application to reinstate the suit, concluding that the application lacked merit and that the reasons for the delay were not sufficient. The decision underscores the importance of timely prosecution of cases and the responsibilities of plaintiffs and their representatives in managing litigation.

7. Dissent:
There were no dissenting opinions noted in this case, as the ruling was unanimous.

8. Summary:
The ruling in Gurucharan Singh Sabherwal v. Bereda Imbakala Khayadi emphasizes the necessity for plaintiffs to actively pursue their cases and the consequences of failing to do so. The court's decision to dismiss the application for reinstatement serves as a reminder of the legal obligations regarding the timely prosecution of civil suits and the potential ramifications of inaction.

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