Peter Gathura Kahuha & another v Esther Njoki Munyeki [2016] KEHC 4034 (KLR)
- Court
- High Court of Kenya
- Case number
- 4034
- Citation
- [2016] KEHC 4034 (KLR)
- Decided
- 22 July 2016
The appeal cannot be dismissed for want of prosecution as directions have not been taken. The appellants are ordered to file and serve their record of appeal within 30 days and fix the appeal for directions within 30 days or the appeal will stand dismissed.
Facts
The appellants filed an appeal more than a year ago but have not sought directions on the hearing of the appeal, set it down for hearing, filed their record, or applied for typed proceedings from the lower court.
Issues
- Whether the appeal can be dismissed for want of prosecution.
- Whether the respondent can dismiss the appeal for want of prosecution if the appellant has not listed the appeal for hearing a year after the memorandum of appeal was served.
Reasoning
The court dismisses the application to dismiss the appeal for want of prosecution as directions have not been taken. However, the appellants are ordered to file and serve their record of appeal and fix the appeal for directions within 30 days.
Outcome
Appeal dismissed for want of prosecution, but appellants ordered to file and serve record of appeal and fix appeal for directions within 30 days.
Orders
- Appellants are ordered to file and serve their record of appeal within 30 days of the date hereof.
- Appellants are ordered to fix the appeal for directions within 30 days of the date hereof.
- Failure to comply with the orders will result in the dismissal of the appeal.
Authorities cited
Legislation (2)
- Order 42 rule 35(1) of the Civil Procedure Rules
- Order 42 rule 13(1) of the Civil Procedure Rules
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