BY SAM ALFAN .
Lawyer Jackline Kimeto, who filed an insolvency petition against troubled Mumias Sugar Company has suffered a blow after the High Court declined to reinstate the suit.
Kimeto had sought to reinstate the case a day after filing a notice to withdraw the matter, claiming that she made the move under duress.
High Court judge Josephine Mong’are, however, ruled that the court no longer had the powers to reinstate an already withdrawn case.
“Consequently. I therefore find and hold that the application of 11th September 2023 cannot be sustained. The same is hereby struck out in its entirety. Costs follow the event. The Court having found that it lacks power or jurisdiction to make any orders herein and also taking into consideration the number of parties this suit attracted since it was filed,” ruled Judge Mongare.
The lawyer filed the notice to withdraw the case on September 1, 2023 and immediately served the same upon all parties to the suit.
She later wrote to the court rescinding the decision arguing that she was blackmailed and made the move under duress.
Justice Mong’are said effectively upon the service of the said notice, the petition herein stood withdrawn and all orders and directions pertaining in the said petition were therefore rendered irrelevant and of no legal effect by operation of Order 25 Rule 1 of the Civil Procedure Rules.
“This court is persuaded that the prayer to reinstate the petition herein is therefore unsustainable as there is no corresponding provision or Order under the Civil Procedure Rules on how the same can be reinstated. The said prayer No. 2 in the present application therefore fails,” ruled the judge.
The judge said an application to reinstate a suit after the same has been withdrawn as provided under Order 25 of the Civil Procedure Rules, the same cannot therefore be sustained.
The lawyer is pursuing Sh76 million from Mumias Sugar Company and was among the creditors that petitioned the High Court to appoint an administrator to pursue avenues of reviving the once giant miller.
The court went ahead and appointed PVR Rao but kicked out by the Justice Alfred Mabeya after bungling the leasing process and awarding Uganda-based Sarrai a 20-year lease yet the company was the lowest bidder.
