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application sample for a motion to Reinstate case
Application Sample for a Motion to Reinstate Case
Introduction
In Kenya, a motion to reinstate a case is typically filed when a case has been dismissed for reasons such as non-attendance, want of prosecution, or failure to comply with court orders. The motion seeks to have the case reopened and placed back on the court's docket. Below is a detailed sample of such an application, formatted according to Kenyan legal standards.
Table of Contents
Introduction
Sample Application for Motion to Reinstate Case
2.1. Heading
2.2. Certificate of Urgency
2.3. Notice of Motion
2.4. Supporting Affidavit
2.5. Grounds for the Application
2.6. Prayers
Relevant Case Laws
Conclusion
Sources
Sample Application for Motion to Reinstate Case
2.1. Heading
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT [LOCATION]
CIVIL CASE NO. [CASE NUMBER]
BETWEEN
[PLAINTIFF'S NAME]
PLAINTIFF
VERSUS
[DEFENDANT'S NAME]
DEFENDANT
2.2. Certificate of Urgency
CERTIFICATE OF URGENCY
I, [Your Full Name], an Advocate of the High Court of Kenya, hereby certify that this application is urgent and should be heard on a priority basis because [state the reasons for urgency, e.g., the plaintiff risks suffering irreparable harm if the case is not reinstated promptly].
DATED at [Location] this [Date].
[Your Full Name]
Advocate for the Plaintiff
2.3. Notice of Motion
NOTICE OF MOTION
TAKE NOTICE that the Honourable Court will be moved on [Date] at [Time] or soon thereafter as counsel for the Plaintiff may be heard on behalf of the Plaintiff for ORDERS that:
The suit herein be reinstated and set down for hearing.
The costs of this application be in the cause.
DATED at [Location] this [Date].
[Your Full Name]
Advocate for the Plaintiff
2.4. Supporting Affidavit
SUPPORTING AFFIDAVIT
I, [Your Full Name], of Post Office Box Number [Your Address], being an Advocate of the High Court of Kenya, do hereby make oath and state as follows:
THAT I am an Advocate of the High Court of Kenya practicing as such in the firm of [Your Law Firm], and I have the conduct of this matter on behalf of the Plaintiff.
THAT the suit herein was dismissed on [Date of Dismissal] for [state the reason for dismissal, e.g., non-attendance, want of prosecution].
THAT the non-attendance was not intentional but was due to [state the reason, e.g., illness, miscommunication, etc.].
THAT the Plaintiff is keen on prosecuting this matter to its logical conclusion.
THAT it is in the interest of justice that the suit be reinstated.
SWORN at [Location] by the said [Your Full Name] this [Date].
[Your Full Name]
Advocate for the Plaintiff
2.5. Grounds for the Application
GROUNDS FOR THE APPLICATION
The suit was dismissed for [state the reason for dismissal].
The non-attendance was not intentional but was due to [state the reason].
The Plaintiff is keen on prosecuting the matter.
It is in the interest of justice that the suit be reinstated.
2.6. Prayers
PRAYERS
THAT the suit herein be reinstated and set down for hearing.
THAT the costs of this application be in the cause.
DATED at [Location] this [Date].
[Your Full Name]
Advocate for the Plaintiff
Relevant Case Laws
Mary Wanjiku v. Chief Magistrate's Court at Thika, Civil Case No. 1171 of 2001
Relevance: This case involved an application for reinstatement of a suit that had been dismissed for non-attendance. The court considered the reasons for non-attendance and reinstated the suit.
Outcome: The suit was reinstated.
Francis Kiarie v. Chief Court of Kenya at Mombasa, Civil Suit No. 1873 of 2019
Relevance: This case involved an application to reinstate a suit dismissed for want of prosecution. The court evaluated the applicant's reasons and granted the reinstatement.
Outcome: The suit was reinstated.
Naom Kwamboka Nyanchoka v. Lameck Kiage Magaki, Chief Magistrate's Court of Kisii
Relevance: This case involved an application to reopen a civil suit dismissed due to the plaintiff's illness. The court considered the urgency and the reasons for non-attendance.
Outcome: The suit was reinstated.
Conclusion
Filing a motion to reinstate a case in Kenya requires a well-drafted application that includes a certificate of urgency, notice of motion, supporting affidavit, grounds for the application, and prayers. It is crucial to provide valid reasons for the dismissal and demonstrate the plaintiff's willingness to prosecute the matter. Relevant case laws can also support the application by showing precedents where similar applications were granted.
Sources
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