Anthony Kabiru Kabuku v Mwende Wamugunda & 3 others [2021] KEELC 2095 (KLR)
- Court
- Environment & Land Court
- Case number
- 2095
- Citation
- [2021] KEELC 2095 (KLR)
- Decided
- 23 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment in a civil caseCoramE.C. CHERONO
Holding
The appeal is dismissed for want of prosecution, but the court orders that the appeal be set down for hearing at the earliest time.
Facts
The appellant filed an appeal against a judgment in a previous case, but has not taken any further steps to prosecute the appeal for over a year.
Issues
- Whether the delay in prosecuting the appeal constitutes an abuse of process
- Whether justice can still be done despite the delay
Reasoning
The court finds that the appellant has made some effort to apply for the proceedings and judgement, but the delay is prolonged and inexcusable.
Outcome
Appeal dismissed for want of prosecution
Orders
- Original trial court’s record and typed proceedings to be forwarded to the court
- Appellant to prepare, file and serve the record of appeal within 14 days
- Parties to appear before the Deputy Registrar to confirm compliance and take a date for directions on the hearing of appeal
- Costs of the application to abide the outcome of the appeal
Remedies
- Set down for hearing at the earliest time
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.
Loading judgment…