Batiza Limited v Mark Kenani Nyakweba [2017] KEHC 8370 (KLR)
- Court
- High Court of Kenya
- Case number
- 8370
- Citation
- [2017] KEHC 8370 (KLR)
- Decided
- 19 January 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks to dismiss the respondent's appeal for want of prosecution.CoramLUCY NJUGUNA
Holding
The appeal is dismissed with no orders as to costs, and the appellant is given a chance to prosecute the appeal within 120 days.
Facts
The appeal was filed on August 28, 2013, and the appellant has not set it down for hearing. The appellant was ordered to deposit the decretal sum as security for interim orders for stay of execution, but he never complied.
Issues
- Whether the appeal should be dismissed for want of prosecution.
- Whether the appellant has fulfilled his duty to cause the appeal to be listed for directions.
Reasoning
The court noted that the appellant failed to comply with the orders to deposit the decretal sum and did not take any further action for close to two years. The court dismissed the appeal for want of prosecution, but gave the appellant a chance to prosecute it.
Outcome
Appeal dismissed with no orders as to costs.
Orders
- The appeal to be prosecuted within one hundred and twenty days (120), failing which it shall stand dismissed.
Authorities cited
Legislation (2)
- Civil Procedure Rules, 2010
- Civil Procedure Act
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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