KIRINYAGA GENERAL MACHINERY v HEZEKIEL MURIITHI IRERI [2007] KEHC 2348 (KLR)
- Court
- High Court of Kenya
- Case number
- 2348
- Citation
- [2007] KEHC 2348 (KLR)
- Decided
- 29 June 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureRespondent seeks dismissal of appeal for want of prosecutionCoramMARY KASANGO
Holding
The Chamber Summons is struck out with costs to the Respondent and the appeal is directed to be heard for 1/2 day at Nyeri
Facts
Appellant filed an appeal on 6th August 2003 and an application for stay pending appeal on the same day. The appeal was dismissed on 25th November 2003 with the condition that the Appellant would continue to pay rent at the old rate. The matter 'went to sleep' thereafter. Respondent filed a Chamber Summons on 9th October 2006 seeking dismissal of the appeal for want of prosecution.
Issues
- Whether the Respondent can dismiss the appeal for want of prosecution
- Whether directions under Rule 8B of Civil Procedure Rules were given
Reasoning
The Respondent cannot dismiss the appeal for want of prosecution as directions under Rule 8B were not given, and there has been inordinate delay in prosecuting the appeal.
Outcome
Appeal dismissed
Orders
- Chamber Summons dated 9th October 2006 is hereby struck out with costs to the Respondent
- The appeal shall be heard for 1/2 day at Nyeri
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.
Loading judgment…