Kirinyaga General Machinery v Hezekiel Muriithi Ireri [2007] KEHC 378 (KLR)
- Court
- High Court of Kenya
- Case number
- 378
- Citation
- [2007] KEHC 378 (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 hereby struck out with costs to the Respondent
Facts
Appellant filed an appeal on 6th August 2003 and an application for stay pending appeal on the same day. The appeal was dismissed with costs to the Respondent. The 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 of Civil Procedure Rules were not given.
Outcome
Appeal dismissed
Orders
- Chamber Summons dated 9th October 2006 is hereby struck out with costs to the Respondent
- Directions given for the appeal to 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.
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