Kishoe Bhanderi t/a Cheambe Jaggery v Samson Wamasaka Juma [2017] KEHC 4473 (KLR)
- Court
- High Court of Kenya
- Case number
- 4473
- Citation
- [2017] KEHC 4473 (KLR)
- Decided
- 28 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureRespondent seeks dismissal of appeal for want of prosecution.CoramJ. NJAGI
Holding
The application is dismissed as the appellant did not prosecute the appeal within the required time frame.
Facts
Appellant filed an appeal on January 25, 2012, but did not set the matter for hearing. The record of appeal was served on May 11, 2015. The appellant did not apply for directions on the appeal.
Issues
- Whether the appeal should be dismissed for want of prosecution.
- Whether the appellant is entitled to costs in the application.
Reasoning
The court ruled that the appellant failed to prosecute the appeal within the required time frame and that the application is premature.
Outcome
The application is dismissed.
Orders
- The application is dismissed.
- The appellant is guilty of inordinate delay in prosecuting the matter.
- The appellant is not entitled to costs in this application.
- Each party meets its own costs in the application.
Authorities cited
Legislation (1)
- Civil Procedure Rules, 2010
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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