Express Kenya Limited v Autoxpress Limited [2017] KEHC 1256 (KLR)
- Court
- High Court of Kenya
- Case number
- 1256
- Citation
- [2017] KEHC 1256 (KLR)
- Decided
- 10 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the dismissal of an appeal for want of prosecutionCoramJ. K. SERGON
Holding
The dismissal order is set aside, and the appeal is reinstated.
Facts
The appeal was dismissed for want of prosecution by Hon. Lady Justice Thuranira on 7th June 2016. The appellant sought to have the dismissal set aside and the appeal reinstated.
Issues
- Whether the dismissal of the appeal for want of prosecution was erroneous.
- Whether the court has inherent power to reinstate a dismissed appeal.
Reasoning
The court finds that the appeal was erroneously dismissed for want of prosecution, and the appellant had taken all reasonable steps to have the appeal ready for hearing.
Outcome
Appeal allowed
Orders
- The dismissal order is set aside.
- The appeal is reinstated with costs to be determined at the end of the appeal.
Remedies
- Reinstatement of the appeal
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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