TM Kimani & another v Teresia Ngendo Kenyu [2017] KEHC 8752 (KLR)
- Court
- High Court of Kenya
- Case number
- 8752
- Citation
- [2017] KEHC 8752 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureRespondent/Applicant moved for dismissal of appeal for want of prosecution.CoramNgaah Jairus
Holding
The application for dismissal of the appellants' appeal for want of prosecution is premature and misconceived. The appeal stands dismissed with no order as to costs.
Facts
The appellants filed an appeal on 29th April, 2014, but did not prepare the record or take any step towards hearing. The respondent cannot enjoy the fruits of her judgment.
Issues
- Whether the respondent can dismiss the appeal for want of prosecution.
- Whether the registrar can list the appeal for dismissal if directions under section 79B of the Civil Procedure Act have not been issued.
Reasoning
The conditions precedent to making the application for dismissal have not been satisfied. The respondent cannot dismiss the appeal for want of prosecution.
Outcome
Appeal dismissed
Orders
- Appellants to file and serve their record of appeal within 30 days of the date hereof or their appeal automatically stands dismissed.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- 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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