EMILY MKANGA V JOHN CHEGE NJOROGE & ANOTHER [2012] KEHC 1343 (KLR)
- Court
- High Court of Kenya
- Case number
- 1343
- Citation
- [2012] KEHC 1343 (KLR)
- Decided
- 31 October 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal filed on 8/9/2010, prosecution delayed for 2 yearsCoramR.P.V. WENDOH
Holding
The court directs the Executive Officer to avail the lower court file no. 1762 of 2006 to the appellant within 30 days from the date of the order, and the appellant to prepare the record and set down the matter for hearing within 120 days from the date the file is availed, failing which the appeal will stand dismissed.
Facts
The appellant, Emily Mkanga, filed an appeal on 8/9/2010, but the prosecution was delayed due to the inability to trace the lower court file number 1762 of 2006.
Issues
- Prosecution of the appeal delayed
- Inability to trace the lower court file number 1762 of 2006
Reasoning
The court found that the delay in prosecuting the appeal was not caused by the appellant and directed the Executive Officer to provide the necessary file.
Outcome
Appeal dismissed due to delay in prosecution
Orders
- Executive Officer to avail the lower court file no. 1762 of 2006 to the appellant within 30 days
- Appellant to prepare the record and set down the matter for hearing within 120 days from the date the file is availed
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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