Kenya Anti-Corruption Commission v Michael K. Gituto [2015] KEHC 778 (KLR)
- Court
- High Court of Kenya
- Case number
- 778
- Citation
- [2015] KEHC 778 (KLR)
- Decided
- 14 December 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision to proceed de novoCoramJohn M. Mativo
Holding
The court declines to proceed de novo and directs that the case proceed from where it had reached, fixed for hearing on a priority basis.
Facts
The case was filed in 2007 and has been repeatedly adjourned due to various reasons. It was originally heard by Justice Sergon, then by Justice Wakiaga, and finally by Justice Ngaah. The defendant requested an adjournment for documents, and the plaintiff preferred to proceed from where the last judge left off.
Issues
- Whether to proceed de novo
- Whether to delay the proceedings
Reasoning
The court considers the concept of the overriding objective of facilitating a just and expeditious resolution of civil disputes and declines to proceed de novo to avoid unnecessary delay.
Outcome
The case proceeds from where it had reached.
Orders
- The case proceeds from where it had reached
Authorities cited
Cases cited (3)
- Cap 21, Laws of Kenya
- PLC {1999} 1 WLR 1926
- Kajubo v. The State
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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