Mwangi Hassan & another v Stephen Waweru Maranga [2018] KEHC 6505 (KLR)
- Court
- High Court of Kenya
- Case number
- 6505
- Citation
- [2018] KEHC 6505 (KLR)
- Decided
- 10 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureRespondent/Applicant seeks to dismiss the Appeal for want of prosecution.CoramL. NJUGUNA
Holding
The Appeal is dismissed but with no orders as to costs.
Facts
The Appeal was filed on 11/1/2016, but the Appellant has not taken any steps to prosecute the Appeal due to the lack of certified copies of the decree, judgment, and typed proceedings.
Issues
- Whether the Appeal should be dismissed for want of prosecution.
- Whether the court has the inherent power to dismiss the Appeal for want of prosecution.
Reasoning
The court dismissed the Appeal for want of prosecution due to the Appellant's failure to prosecute the Appeal and the lack of evidence to show they applied for the necessary documents.
Outcome
Appeal dismissed
Authorities cited
Legislation (3)
- Civil Procedure Act
- Order 42 Rule 35 (1) of Civil Procedure Rules
- Order 42 Rule 13 of Civil Procedure Rules
Cases cited (2)
- Kirinyage General Machinery Vs Hezekiel Mureithi (2007) eKLR
- UAP Insurance Company Limited Vs Washington Gatura Kimani (2016) 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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