Governors Ballon Safaris Limited v Skyship Company Limited & another [2018] KECA 813 (KLR)

Facts

Governors Ballon Safaris Limited filed a civil suit against Skyship Company Limited and County Council of Transmara in the High Court of Kenya at Nairobi. The suit was dismissed for want of prosecution. The applicant filed a civil appeal with a memorandum of appeal containing 8 grounds of appeal. The 1st and 2nd respondents did not oppose the application.

Issues

1. Whether the appeal was listed for hearing
2. Whether the applicant's counsel failed to notice all points of fact and law on which the applicant intended to impugn the ruling of the High Court
3. Whether the applicant's delay in taking steps to prosecute the suit was inordinate and inexcusable
4. Whether the learned judge erred in the exercise of his discretion and evaluation of evidence

Reasoning

The Court considers the application in good faith, as the applicant's counsel admitted inadvertently failing to include those grounds in the memorandum of appeal. The proposed amendments do not introduce any new points, only impugn the manner in which the learned judge evaluated the evidence.

Outcome

The application is allowed.