Ngitarious Mwangi v Washington Odhiambo Wanyang [2016] KEHC 919 (KLR)
- Court
- High Court of Kenya
- Case number
- 919
- Citation
- [2016] KEHC 919 (KLR)
- Decided
- 8 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureRespondent seeks to dismiss the appeal for want of prosecution.CoramE. OGOLA
Holding
The appeal is admitted under Section 79B of the Civil Procedure Act.
Facts
The appellant filed an appeal against a judgment of the Chief Magistrate's Court, but failed to set the appeal down for hearing or directions for three years. The respondent claims the delay was due to the appellant's failure to compile and serve the Record of Appeal.
Issues
- Whether the court can exercise its discretion to save the appeal despite the failure to admit it to appeal.
- Whether the respondent's application is premature.
Reasoning
The court finds the appeal has not been admitted to appeal, but given the Record of Appeal is now in place, the appeal should be given a chance to be ventilated on its merits.
Outcome
The application is dismissed with the appeal being admitted under Section 79B of the Civil Procedure Act.
Orders
- The appeal is hereby admitted under Section 79B of the Civil Procedure Act.
- The appellant shall pay throw away costs assessed at Shs. 10,000 to the Respondent/applicant herein within seven (7) days of this ruling.
- The parties are directed to take directions for the appeal under Order 42 rule 13 as soon as possible.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Order 42 Rule 35
- Order 42 Rule 13
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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