Attorney General v Lucy Nduta Nganga [2017] KEHC 5783 (KLR)
- Court
- High Court of Kenya
- Case number
- 5783
- Citation
- [2017] KEHC 5783 (KLR)
- Decided
- 26 May 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks to strike out the memorandum of appeal and dismiss the appeal for want of prosecution.CoramNyamu
Holding
The memorandum of appeal should be struck out and the appeal dismissed for want of prosecution.
Facts
The respondent filed a memorandum of appeal on 5th April, 2016, but no record of appeal has been prepared and no efforts have been made to list the matter for directions. The appellant has not filed or served the Record of Appeal within 30 days.
Issues
- Whether the memorandum of appeal should be struck out and the appeal dismissed for want of prosecution.
- Whether the appellant has complied with the procedural rules for filing an appeal.
Reasoning
The appellant has not filed or served the Record of Appeal within 30 days, and no directions have been given for the appeal to be listed for hearing. The appellant has not complied with the procedural rules for filing an appeal.
Outcome
The appeal is dismissed.
Orders
- The memorandum of appeal is struck out.
- The appeal is dismissed for want of prosecution.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (3)
- Haron E Ogechi Nyaberi v. British American Insurance Co. Ltd [2012] eKLR
- Kirinyaga General Machinery vs Hezekiah Mureithi Ireri HCCC No. 98 of 2008
- Abdirahman Abdi v Safi Petroleum Products Ltd & 6 Others [2011] 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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