Kenya Power & Lighting Company Limited v Esther Wambui Njanja (Suing as the Legal Representative of the Estate of Master Mutugi Kirimi Gichuki (deceased) [2017] KEHC 1595 (KLR)
- Court
- High Court of Kenya
- Case number
- 1595
- Citation
- [2017] KEHC 1595 (KLR)
- Decided
- 9 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment entered in favor of the respondent on July 1, 2015CoramL. W. GITARI
Holding
The court finds the appellant in the present case went into slumber and was indolent, and the appeal is struck out with costs.
Facts
The appellant filed a Memorandum of Appeal on July 31, 2015, but failed to take any action after the appeal was admitted for hearing on March 24, 2017. The respondent filed an application to have the appeal struck out for failure to prepare the appeal for hearing.
Issues
- Whether the appellant's failure to prepare the appeal for hearing justifies striking out the appeal
- Whether the court should exercise its inherent jurisdiction to prevent abuse of process
Reasoning
The court dismissed the appeal due to the appellant's failure to prepare the appeal for hearing and file a reply affidavit, despite the appeal being admitted for hearing. The court noted that the appellant's delay was not inordinate but was still a technicality that can be cured.
Outcome
Appeal dismissed
Orders
- The appeal is struck out with costs
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (2)
- Sotik Tea (K) Ltd v Duncan Momanyi Nyaribari [2016] eKLR
- Mohamed Adan & 2 others v Hadija Hassan Mohamed & 2 others (Suing as the legal representative of the estate of Ali Noor Ibrahim Karu (Deceased) [2014] eKLR
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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