African Centre for Media Excellence (ACME) v Vidiworth Communications Limited (Miscellaneous Application No. 2235 of 2025)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that an arbitration cause dismissed under Order 17 rule 4 of the Civil Procedure Rules cannot be reinstated through an application to set aside the dismissal order. The proper remedy available to an applicant whose arbitration cause has been dismissed under this provision is to file a fresh cause, not to seek reinstatement of the dismissed proceedings.

Outcome

Application dismissed with applicant directed to file fresh arbitration cause if so advised

Facts

The applicant filed a miscellaneous application seeking to set aside an order dismissing Arbitration Cause No. 0043 of 2025 which had been entered on 11 September 2025, and for the arbitration cause to be reinstated. The application was brought under section 98 of the Civil Procedure Act and various rules of the Civil Procedure Rules including Order 52 rules 1 and 3, and Order 9 rule 18. The respondent was not represented at the hearing.

Issues

1. Whether an arbitration cause dismissed under Order 17 rule 4 of the Civil Procedure Rules can be reinstated.

Orders

• Application dismissed.
• No order as to costs.

Rules and key headnotes

Legislation cited (6)

• Civil Procedure Act Cap 282 s.98
• Civil Procedure Rules Order 52 rule 1
• Civil Procedure Rules Order 52 rule 3
• Civil Procedure Rules Order 9 rule 18
• Civil Procedure Rules Order 17 rule 4
• Arbitration and Conciliation Act Cap 5

The original judgment as reported. Read the original PDF before relying on any passage.