Salesio Njiru Njeru v Njiru Mbogo (Civil Case 118 of 2010) [2015] KEHC 430 (KLR) (26 October 2015) (Ruling)
- Court
- High Court of Kenya
- Case number
- 430
- Citation
- [2015] KEHC 430 (KLR)
- Decided
- 26 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent seeks to dismiss the appeal for want of prosecution.CoramNjue
Holding
The appeal was properly filed and served, and admitted into hearing. The appellant's failure to prosecute the appeal is due to his own lack of diligence.
Facts
The appeal was filed on 22nd November 2010 and a stay order was obtained on 27th April 2011. The appellant hired an advocate to prosecute the appeal but did not proceed with it. The court registry informed the appellant that the court diary was full.
Issues
- Whether the appeal was properly filed and served.
- Whether the appeal was admitted into hearing.
- Whether the appellant's failure to prosecute the appeal is due to his own fault or his advocate's mistake.
Reasoning
The court found that the appeal was properly filed and served, and admitted into hearing on 22nd March 2012. The appellant's failure to prosecute the appeal is due to his own lack of diligence, as he did not prepare the record of appeal and set it down for hearing.
Outcome
The appeal is dismissed with costs.
Orders
- The application for dismissal of the appeal is allowed 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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