P W M v R M M [2015] KEHC 6796 (KLR)
- Court
- High Court of Kenya
- Case number
- 6796
- Citation
- [2015] KEHC 6796 (KLR)
- Decided
- 30 January 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks dismissal of the suit for want of prosecution.CoramW. MUSYOKA
Holding
The appeal is dismissed.
Facts
The appeal is not a suit but an appeal, and the appellant seeks dismissal for want of prosecution.
Issues
- Whether the appeal is a suit or an appeal.
- Whether the dismissal of the appeal for want of prosecution is governed by Order 17 or Order 42 of the Civil Procedure Rules.
Reasoning
The appeal is not a suit but an appeal, and the dismissal of appeals for want of prosecution is governed by Order 42 rule 35, not Order 17.
Outcome
Appeal dismissed.
Orders
- The respondent shall have costs thereof.
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Order 17
- Order 42
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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