MUMIAS SUGAR CO. LTD v GALIFANO WAFULA JUMA & 2 OTHERS [2008] KEHC 3448 (KLR)

Facts

The plaintiff, MUMIAS SUGAR COMPANY LIMITED, filed a suit against GALIFANO WAFULA JUMA, NAZIBAU KASSAMIALI BHATIA, and SHABAN MALABA WECHULI. The trial court awarded the plaintiff Kshs.170,000/= as general damages for pain and suffering and Kshs.4,000/= as special damages. The plaintiff was also awarded costs and interest at the court rates. The Third Party, MUMIAS SUGAR COMPANY LIMITED, filed a Memorandum of Appeal.

Issues

1. Whether the appellant (MUMIAS SUGAR COMPANY LIMITED) had complied with the provisions of Order 41 rule 8A of the Civil Procedure Rules
2. Whether the appellant (MUMIAS SUGAR COMPANY LIMITED) had taken steps to prosecute the appeal within the prescribed time frame
3. Whether the appellant (MUMIAS SUGAR COMPANY LIMITED) had a satisfactory explanation for the delay in taking steps to fix the appeal for hearing

Reasoning

The court found that the appellant had not complied with the provisions of Order 41 rule 8A of the Civil Procedure Rules and had not taken steps to prosecute the appeal within the prescribed time frame. The court also found that the appellant had not provided a satisfactory explanation for the delay in taking steps to fix the appeal for hearing.

Outcome

Appeal dismissed

Authorities cited