OMAR SHARRIF T/A KEMCO AUTO V FREIGHT FORWARDERS LIMITED & ANOTHER [2008] KECA 62 (KLR)
- Court
- Court of Appeal
- Case number
- 62
- Citation
- [2008] KECA 62 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling and order of the High Court of KenyaCoramR.S. Omoalo, P.K. Tungoi, J.W. Onyango Otieno
Holding
The appeal succeeds and the order of the learned Judge dismissing the suit is set aside. The suit is restored to hearing according to law.
Facts
The appellant, Omar Sharif, trading as Kemco Auto, sued Freight Forwarders Limited and Console Base Limited for USD 85,000, general damages, costs of the suit, and interest on USD 85,000 and general damages. The respondents denied the claim and filed counter-claims.
Issues
- Whether the appellant failed to comply with a discovery order
- Whether the failure to comply with the discovery order was willful
Reasoning
The court allowed the appeal because the learned Judge did not allow for the ascertainment of whether the appellant had willfully refused to make the discovery. The court held that a proper application should have been made to establish willful default.
Outcome
Appeal allowed
Orders
- The suit is restored to hearing according to law
Remedies
- Award of costs of the appeal to the appellant
Authorities cited
Cases cited (2)
- Hytec vs. Coventry City Council (1997) I WLR 1666
- Eastern Radio Service vs. Tiny Tots (1967) EALR 392
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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