Allan Otieno Osula v Gurvev Engineering & Construction Ltd [2016] KEHC 956 (KLR)
- Court
- High Court of Kenya
- Case number
- 956
- Citation
- [2016] KEHC 956 (KLR)
- Decided
- 25 November 2016
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment dismissing an appeal and staying execution of judgmentCoramJ. K. SERGON
Holding
The appeal is reinstated, and the appellant is required to set a hearing date within 60 days. The respondent is awarded costs.
Facts
The appellant filed an appeal against a judgment dismissing his application. The respondent sought to have the appeal struck out, but the court dismissed the application and directed the appellant to set a hearing date within 90 days. The appellant was not present in court when the ruling was delivered.
Issues
- Whether the court has jurisdiction to reinstate the appeal
- Whether the court should grant a stay of execution
Reasoning
The court finds that the appellant's counsel's mistake in not being present in court when the ruling was delivered was a mistake on their part, and it should not be visited on the appellant. The court grants the prayer for reinstatement but denies the prayer for stay of execution.
Outcome
Appeal reinstated
Orders
- Reinstatement of the appeal
- Appellant to set a hearing date within 60 days
- Respondent to have the costs of the application
Remedies
- Reinstatement of the appeal
- Award of costs to the respondent
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (1)
- Belinda Murai & 9 others vs Amos Wainaina C. A. No. Nairobi 9 of 1978
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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