Edward Kanyiri Nderitu v Resma Commercial Agencies Ltd [2015] KEHC 2411 (KLR)
- Court
- High Court of Kenya
- Case number
- 2411
- Citation
- [2015] KEHC 2411 (KLR)
- Decided
- 29 September 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant/Applicant seeks to have an order of dismissal of a lower court suit and an application for reinstatement stayed pending the hearing and final determination of the appeal.CoramJohn M. Mativo
Holding
The application is dismissed with costs to the respondent.
Facts
The applicant moved the court for an ex-parte hearing and a stay of execution of orders dismissing the lower court suit and an application for reinstatement, claiming unfair denial of the right to be heard and irreparable loss.
Issues
- Whether the application was brought without undue delay.
- Whether the applicant has been denied unfairly the natural right to be heard.
- Whether the applicant will suffer irreparable loss if the orders sought are not granted.
- Whether the application is framed in a manner that combines two prayers in one, making it uncertain and improper.
Reasoning
The court finds the application uncertain and improper, as it combines two prayers in one and the appeal is only against the order refusing to reinstate the suit, not the dismissal of the suit.
Outcome
Dismissed
Orders
- The application is dismissed with costs to the respondent.
Authorities cited
Cases cited (1)
- Kenya Shell Ltd vs Kibiru & Another
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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