Sunrise Homes Limited & 2 others v National Bank of Kenya Limited & 3 others [2020] eKLR Case Summary

1. Case Information:
- Name of the Case: Sunrise Homes Limited & 2 others v National Bank of Kenya Limited & 3 others [2020] eKLR

- Case Number: HCCC. NO. 17 OF 2014
- Court: High Court of Kenya at Nairobi, Milimani Law Courts, Commercial & Tax Division
- Date Delivered: 28th September 2020
- Category of Law: Civil
- Judge(s): F. Tuiyott
- Country: Kenya

2. Questions Presented:
The central legal issues presented to the court include whether the judgment delivered on 9th August 2019, which dismissed the Plaintiff’s suit, should be reviewed and set aside, and whether the Plaintiff should be granted an opportunity to prosecute its case on its merits.

3. Facts of the Case:
The Plaintiff, Sunrise Homes Limited, initiated legal proceedings against the National Bank of Kenya Limited (1st Defendant) and Spotlight Intercepts Auctioneers (2nd Defendant). The case also involved counterclaims from the National Bank of Kenya against Sunrise Homes and additional parties, including Martin Munyao Kimeu and Florence Muthoni Kimeu. The Plaintiff's initial suit was dismissed due to non-appearance at the hearing, which was attributed to the death of their counsel, Wachira James Waithaka, in February 2019. The firm representing the Plaintiff, Munyalo Muli & Co. Advocates, claimed they were unaware of the judgment until they received a draft decree in September 2019.

4. Procedural History:
The case progressed through the court system, culminating in a judgment on 9th August 2019 that dismissed the Plaintiff's suit for lack of prosecution. Following this, the Plaintiff filed a Notice of Motion on 25th November 2019, seeking to have the judgment set aside and the main suit reinstated. The National Bank of Kenya opposed this application, arguing that the Plaintiff had shown a lack of diligence. The court considered the arguments and ultimately decided to review the previous judgment.

5. Analysis:
- Rules: The court considered the procedural rules regarding the setting aside of judgments, particularly focusing on the principles of allowing litigants their day in court and the need for diligence in legal representation.
- Case Law: The court referenced principles from previous cases that emphasize the importance of representation and the right to a fair hearing. While specific cases were not cited in the ruling, the court's reasoning echoed established legal precedents regarding the rights of parties in litigation.
- Application: The court applied the rules to the facts of the case by acknowledging the unforeseen circumstances surrounding the death of the Plaintiff's counsel. The court determined that the Plaintiff should be given the benefit of the doubt, allowing them to present their case while also recognizing the efforts and costs incurred by the Defendant.

6. Conclusion:
The court ruled in favor of the Plaintiff's application to set aside the judgment of 9th August 2019, allowing the case to proceed de novo. The court ordered that the Plaintiff pay the costs incurred by the Defendant from 28th March 2017 to the date of the ruling, emphasizing the need for resolution of the matter without undue delay.

7. Dissent:
There were no dissenting opinions noted in the ruling. The decision was unanimous in allowing the Plaintiff to proceed with their case.

8. Summary:
The High Court of Kenya allowed Sunrise Homes Limited's application to set aside a previous judgment that dismissed their suit due to non-appearance. The ruling emphasized the importance of providing litigants with an opportunity to present their case while balancing the need for judicial efficiency and accountability regarding costs. This case highlights the court's commitment to ensuring access to justice, even in circumstances where procedural missteps occur.