EAST AFRICA SPECTRE LTD v JAMES NDAKALA AKUBALO [2006] KEHC 2107 (KLR)
- Court
- High Court of Kenya
- Case number
- 2107
- Citation
- [2006] KEHC 2107 (KLR)
- Decided
- 18 May 2006
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the Chief Magistrate's CourtCoramM.A. ANG’AWA
Holding
The appeal is hereby struck out with costs to the appellant.
Facts
An award was made to the respondent by the magistrates court on tort in favor of the respondent. The appellant found the award excessive on 'general damages' and that the issue of 'loss of earning capacity' had not been pleaded yet awarded. The appellant filed an appeal 15 days after the judgment was delivered.
Issues
- Whether the appeal should be dismissed for lack of prosecution.
- Whether the award was excessive on 'general damages' and the issue of 'loss of earning capacity' had not been pleaded yet awarded.
Reasoning
The application for dismissal of the appeal for lack of prosecution can only be brought under Order 41 r 31 Civil Procedure Rules. No directions have been taken in this appeal, making the application premature.
Outcome
Appeal dismissed
Orders
- The appeal is hereby struck out with costs to the appellant.
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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