Lawrence Kimatta v Resma Commercial Agencies Limited [2016] KEHC 1657 (KLR)
- Court
- High Court of Kenya
- Case number
- 1657
- Citation
- [2016] KEHC 1657 (KLR)
- Decided
- 27 October 2016
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks to set aside dismissal of appeal and reinstate notice to show causeCoramJANET MULWA
Holding
Appellant's conduct in prosecuting the appeal is deemed indolent and lacks seriousness
Facts
Appellant failed to attend court for hearing of notice to show cause and did not prosecute the appeal for over a year
Issues
- Appellant's failure to prosecute the appeal
- Appellant's delay in filing and prosecuting the appeal
Reasoning
Appellant did not take any steps towards prosecuting the appeal and blamed the advocate for the delay, which is not sufficient to set aside the dismissal order
Outcome
Appellant's application is allowed, dismissal of appeal on 14th November 2014 is set aside, notice to show cause is dispensed with, and appeal is set down for hearing within 90 days
Orders
- Set aside dismissal of appeal on 14th November 2014
- Direct appeal to be set down for hearing within 90 days
- Throw away costs of Kshs.20,000 to be paid by appellant within 30 days
Remedies
- Reinstatement of notice to show cause
- Hearing of appeal within 90 days
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Act
Cases cited (2)
- Ezekiel Sirma & Another -vs- Mark lettin e KLR
- John Wachanga Kiambo (Supra)
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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