Azhar Ali v Sheikha Mohamed [2018] KEHC 4842 (KLR)
- Court
- High Court of Kenya
- Case number
- 4842
- Citation
- [2018] KEHC 4842 (KLR)
- Decided
- 31 July 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks dismissal of appeal for want of prosecution.CoramNJOKI MWANGI
Holding
The preliminary objection is allowed. The application is dismissed. Costs are awarded to the appellant.
Facts
The appellant filed an appeal but did not follow the required procedures for admission to hearing or dismissal for want of prosecution.
Issues
- Whether the appeal should be dismissed for want of prosecution.
- Whether the appellant followed the correct procedures for dismissal of an appeal for want of prosecution.
Reasoning
The appeal was not admitted to hearing or dismissed for want of prosecution as required by the Civil Procedure Rules. The appellant should have moved the court through Order 42 rule 35(2) to have the appeal dismissed for want of prosecution.
Outcome
Appeal dismissed
Orders
- Application dismissed
- Costs awarded to the appellant
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Rosarie EPZ Limited vs Stanlex Mbithi James (2015) 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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