Someni Industries Limited & another v Frank Japheth Njagi [2017] KEHC 2502 (KLR)
- Court
- High Court of Kenya
- Case number
- 2502
- Citation
- [2017] KEHC 2502 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureRespondent/Applicant filed a Chamber Summons seeking dismissal of the Appeal for want of prosecution.CoramL. NJUGUNA
Holding
The Appeal cannot be dismissed for want of prosecution under Order 42 Rule 35(1) as no directions have been issued.
Facts
The Respondent/Applicant filed a Chamber Summons seeking dismissal of the Appeal for want of prosecution due to lack of steps taken to set down the appeal for hearing and failure to cause the appeal to be admitted.
Issues
- Whether the Appeal can be dismissed for want of prosecution.
- Whether the delay in prosecuting the appeal is due to the lower court's failure to deliver the file and proceedings to the High Court.
Reasoning
The court held that before an Appeal can be dismissed for want of prosecution, directions must be issued under Order 42 Rule 35(1). No such directions were issued in this case.
Outcome
The Appeal is ordered to be prosecuted within 120 days from the date of the judgment.
Orders
- Order the Appeal to be prosecuted within 120 days from the date of the judgment.
- Dismiss the Appeal if it is not prosecuted within 120 days from the date of the judgment.
Remedies
- Allow the Appellants a chance to take appropriate steps to ensure the Appeal is set down for directions and heard expeditiously.
Authorities cited
Legislation (2)
- Civil Procedure Rules, 2010
- Civil Procedure Act
Cases cited (2)
- Suresh Ruginath Raniga & Another v Sagar Mohan S.M.Ram Civil Appeal no. 433 of 2012
- Kirinyaga General Machinery v. Hezekiel Mureithi Ireri HCC No.98 of 2008
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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