Kimani Muhoro v John Waiganjo Mbuthia & Mark Gituku Gichuhi [2013] KECA 419 (KLR)
- Court
- Court of Appeal
- Case number
- 419
- Citation
- [2013] KECA 419 (KLR)
- Decided
- 4 July 2013
The appeal is allowed, the order of the High Court dismissing the appeal for want of prosecution is set aside, and the appeal is restored to be made ready and set down for hearing and disposal within 21 days of the judgment.
Facts
The High Court dismissed an appeal due to lack of prosecution, finding the appellant indolent and unresponsive to the notice to show cause. The appellant appealed, alleging the trial judge erred in law and fact.
Issues
- Whether the trial judge erred in finding the appellant indolent
- Whether the trial judge erred in failing to consider the appellant's affidavit
- Whether the trial judge erred in dismissing the appeal for want of prosecution
- Whether the trial judge erred in considering extraneous matters
Reasoning
The court found the appellant's delay in making the appeal ready and setting it down for hearing was due to the court registry's failure to expedite the process, not the appellant's fault. The court also noted the dismissal of the appeal did not resolve the issues in controversy.
Outcome
Appeal allowed, appeal restored, and set down for hearing within 21 days.
Orders
- The appeal is restored and set down for hearing within 21 days.
- The appellant is ordered to make the appeal ready and set it down for hearing and disposal within 21 days of the judgment.
Remedies
- The appellant is given a second chance to make the appeal ready and set it down for hearing and disposal.
- The appellant is ordered to move within a particular time frame to make the appeal ready for hearing and disposal.
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