Mohamed Hanif Poptani v Guinnesse Construction & Housing CO. LTD [2012] KEHC 52 (KLR)
- Court
- High Court of Kenya
- Case number
- 52
- Citation
- [2012] KEHC 52 (KLR)
- Decided
- 21 December 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureRespondent's application for dismissal of appeal for want of prosecutionCoramJUDGE
Holding
The appeal will be dismissed if the appellant does not take appropriate steps towards the prosecution of the appeal within sixty days of today's date, otherwise the matter will be listed before the judge for dismissal.
Facts
Appellant filed an appeal on 10th July, 2009, but has not taken any steps to prosecute it. Respondent claims the delay is not their fault as they have not received proceedings.
Issues
- Whether the appeal should be dismissed for want of prosecution
- Whether the Respondent can invoke the inherent power of the court to dismiss the appeal
Reasoning
The application was intended under Order 42 rule 35(1) and not rule 33. The correct import of the provision is that the respondent cannot move the court for dismissal without directions under Order XLI rule 8B.
Outcome
Appeal dismissed
Orders
- Appellant to take appropriate steps towards the prosecution of the appeal within sixty days of today's date
- If not, the matter will be listed before the judge for dismissal
Remedies
- Costs awarded to the Respondent
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (2)
- Ishmael Gichunge Muturi v Diana Lasoi
- Kariby Timber Industries vs Nemchand Anand & Co.
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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