FREDRICK M. MULINGE vs MULANDI KYONDO [2001] KEHC 443 (KLR)
- Court
- High Court of Kenya
- Case number
- 443
- Citation
- [2001] KEHC 443 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Miscellaneous ApplicationPostureAppeal from a lower court order dismissing an application and setting aside temporary stay ordersCoramJ. W. MWERA
Holding
The orders prayed for are granted due to sufficient reason shown why Mr. Mwinzi could not arrive in court on time to prosecute the application dated 12.7.99.
Facts
The applicant's lawyer, Mr. Mwinzi, was traveling from Nairobi to Machakos on 28.7.99 by public means to prosecute an application dated 12.7.99. His vehicle broke down near Athi River, and he arrived at the courthouse after the orders complained of had already been made.
Issues
- Whether the applicant's application dated 12.7.99 should be reinstated and heard inter partes
- Whether temporary stay orders should be reinstated and extended
Reasoning
The court heard that Mr. Mwinzi's vehicle broke down on the way, and he could not arrive in court on time to prosecute the application.
Outcome
The applicant's application dated 12.7.99 is reinstated and heard inter partes, and temporary stay orders are reinstated and extended.
Orders
- The applicant's application dated 12.7.99 is reinstated and heard inter partes
- Temporary stay orders are reinstated and extended
Remedies
- Reinstatement of the applicant's application dated 12.7.99
- Extension of temporary stay orders
Authorities cited
Legislation (1)
- 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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