Kukena Sacco v Catherine Wamutira Cubi [2016] KEHC 1412 (KLR)
- Court
- High Court of Kenya
- Case number
- 1412
- Citation
- [2016] KEHC 1412 (KLR)
- Decided
- 26 July 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to dismiss appeal for want of prosecutionCoramF. MUCHEMI
Holding
The appeal is dismissed with no orders as to costs
Facts
The appellant filed a memorandum of appeal on 17/01/2012, but did not take any further action for over a year. The respondent was not served with the notice of motion and did not file submissions.
Issues
- Whether the appeal should be dismissed for want of prosecution
- Whether the memorandum of appeal is against a non-existent judgment
Reasoning
The court held that the appellant failed to comply with the provisions of Order 42 Rule 35(2) of the Civil Procedure Rules, which requires directions to be given by the court before the respondent can move the court to dismiss the appeal for want of prosecution.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Order 42 Rule 35
Cases cited (4)
- JURGEN PAUL FLACH v JANE AKOTH FLACH (2014) eKLR
- KIRINYAGA GENERAL MACHINERY v HEZEKIEL MUREITHI IRERI (HCC NO 98 OF 2008)
- PROTEIN & FRUITS PROCESSORS LIMITED & ANOTHER v DIAMOND TRUST BANK KENYA LIMITED (2015) eKLR
- ADNAN KARAMA PETROLEUM LIMITED (T/A A.K FILLING STATION) v NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (2007) eKLR
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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