National Bank (K) Limited v Patrick Wayundi Muna [2005] KEHC 2872 (KLR)
- Court
- High Court of Kenya
- Case number
- 2872
- Citation
- [2005] KEHC 2872 (KLR)
- Decided
- 10 May 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks to dismiss the appeal for want of prosecution and order for costs.CoramGeorge Dulu, Ag. Judge
Holding
The application is dismissed and the appellant is ordered to pay costs.
Facts
The appeal was filed on 15th January 2004, but the entire proceedings were struck out on 3rd June 2004 due to lack of a practicing certificate. The appellant sought directions from the court but the appeal was dismissed before directions were given.
Issues
- Whether the appeal should be dismissed for want of prosecution.
- Whether the appellant is entitled to costs.
Reasoning
The application is premature as no directions were given, and the appellant has not set down the appeal for hearing within the required time. The appellant is not entitled to costs as the appeal was dismissed before directions were given.
Outcome
Appeal dismissed
Orders
- Order for costs to follow the result of the appeal.
Authorities cited
Legislation (2)
- Civil Procedure Act (Cap.21)
- 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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