SAIDA HEMED & ANOTHER v JOYCE KAIRU [2009] KEHC 1095 (KLR)
- Court
- High Court of Kenya
- Case number
- 1095
- Citation
- [2009] KEHC 1095 (KLR)
- Decided
- 9 October 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureRespondent seeks to dismiss appeal for want of prosecution.CoramF. AZANGALALA
Holding
The respondent's application for dismissal of the appeal is allowed. The appellants are ordered to pay the respondent's costs.
Facts
Appeal was filed on 27th July 2000, admitted to hearing on 28th February 2002, and granted leave to file a supplementary record on 21st August 2002. Appeal was dismissed on 29th June 2007 due to procedural error. Respondent filed the current application on 24th August 2007.
Issues
- Whether the appellants have abandoned the appeal due to lack of prosecution.
- Whether the respondent's application for dismissal of the appeal was valid.
Reasoning
The appellants have not satisfactorily explained the reasons for the long delay in setting down the appeal for hearing. The respondent was entitled to apply for dismissal of the appeal for want of prosecution.
Outcome
Appeal dismissed.
Orders
- Order XLI Rule 31 (1) of the Civil Procedure Rules.
- Order allowing the respondent's application for dismissal of the appeal.
Remedies
- Respondent's costs.
Authorities cited
Legislation (1)
- Civil Procedure Act.
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…