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Bernard Mbiuki Gatumu & another v Catherine M. Kamundi & another [2017] KEELC 2088 (KLR)

[2017] KEELC 2088 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
2088
Citation
[2017] KEELC 2088 (KLR)
Decided
25 July 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a dismissal for want of prosecutionCoramNdegwa, P.M. NJOROGE
Holding

The appeal is dismissed

Facts

The appellants (Lawrence Kamundi Gichunge and Bernard Mbiuki Gatumu) had filed an appeal against a judgment in a previous case. The appeal was dismissed due to lack of prosecution.

Issues

  1. Whether the appeal should be dismissed due to lack of prosecution
  2. Whether the court should issue an order as to costs

Reasoning

The court found that no satisfactory explanation was given for the lack of prosecution and that the appeal should be dismissed.

Outcome

Appeal dismissed

Orders

  • No order as to costs

Authorities cited

Legislation (2)
  • Order 42 Rule 35(2) of the Civil Procedure Rules
  • Order 17 Rule 2 of the Civil Procedure Rules
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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