PN Mashru Ltd v Gilbert Wanjala Fwamba (Suing as the Administrator of the Estate of Elias Wanjala (Deceased) [2021] KECA 939 (KLR)
- Court
- Court of Appeal
- Case number
- 939
- Citation
- [2021] KECA 939 (KLR)
- Decided
- 19 February 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of the Judgment and Decree of the High Court of Kenya at Bungoma in High Court Civil Appeal No. 68 of 2013 pending the hearing and determination of this appealCoramS. GATEMBU KAIRU, A.K. MURGOR, J. MOHAMMED
Holding
The Court restores the appeal for hearing and determination.
Facts
The appeal was dismissed for non-appearance on 28 October 2019 due to an inadvertent recording of the hearing date in the applicant's diary. Both parties had filed written submissions prior to the hearing.
Issues
- Whether the dismissal of the appeal for non-appearance was justified.
- Whether the applicant can be granted an order to restore the appeal for hearing and determination.
Reasoning
The Court finds that the applicant's mistake in recording the hearing date was sufficient cause to warrant the restoration of the appeal, and no prejudice will be occasioned to any party by the restoration.
Outcome
The appeal is restored for hearing and determination.
Orders
- The appeal is restored for hearing and determination.
Remedies
- The interim orders of stay of execution of the judgment appealed from are reinstated by the order restoring the appeal for hearing.
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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