MARY NANJALA WACHWENGE v KENYA COMMERCIAL BANK LTD & ANOTHER [2009] KEHC 1799 (KLR)
- Court
- High Court of Kenya
- Case number
- 1799
- Citation
- [2009] KEHC 1799 (KLR)
- Decided
- 22 September 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplicant seeks leave to appeal out of time against the dismissal of her suit by the Senior Resident magistrateCoramJ. L. A. OSIEMO
Holding
The applicant's application is dismissed with costs
Facts
The applicant sued the respondent for damages due to an accident involving two motor vehicles on August 12, 1999. The applicant was not included in the police abstract and the investigating officer was not called to testify.
Issues
- Whether the dismissal of the applicant's suit was without notice
- Whether the applicant's appeal has a chance of success
Reasoning
The applicant failed to establish that she was one of the victims in the accident as her name was not in the police abstract, and there was no evidence that she was in the accident vehicle.
Outcome
Dismissed
Orders
- Application dismissed with costs
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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