County Government Of Kakamega v Michael Aloo Wakhu [2017] KEHC 9402 (KLR)
- Court
- High Court of Kenya
- Case number
- 9402
- Citation
- [2017] KEHC 9402 (KLR)
- Decided
- 19 September 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the decision of Hon. G. N. Sitati RM in Mumias SPMCC No. 290 of 2012CoramRUTH N. SITATI
Holding
The appellant is guilty of laches and the appeal should be dismissed for want of prosecution.
Facts
The appellant filed an application seeking a stay of execution and a declaration that the proclamation and/or attachment of the objector's property were illegal and/or irregular. The applicant was the plaintiff in a suit against the County Council of Butere/Mumias and the County Council of Butere Mumias, and the appellant objected to the execution proceedings.
Issues
- Whether the appellant's appeal should be dismissed for want of prosecution.
- Whether the appellant complied with the procedural rules of the Civil Procedure Rules 2010 and the Civil Procedure Act.
Reasoning
The appellant did not file a response to the application and did not comply with the procedural rules, leading to the court's decision to dismiss the appeal.
Outcome
The appeal is dismissed for want of prosecution.
Orders
- The appeal is dismissed for want of prosecution with costs to the applicant.
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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