SDV Transami Limited v Gibson Muriuki Njeru [2018] KEHC 6696 (KLR)
- Court
- High Court of Kenya
- Case number
- 6696
- Citation
- [2018] KEHC 6696 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of the trial court in CMCC No.141 of 2010CoramMUMBI NGUGI
Holding
The appeal is dismissed for want of prosecution.
Facts
The appellant filed an appeal against the trial court's judgment, but did not file a record of appeal or request for typed proceedings. The respondent sought dismissal of the appeal for want of prosecution.
Issues
- Whether the appeal should be dismissed for want of prosecution
- Whether the court should order the Registrar to list the appeal for dismissal
Reasoning
The court found the appellant had not been interested in pursuing the appeal and had not filed the necessary record of appeal. The court deemed it just to dismiss the appeal due to the lack of prosecution.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed for want of prosecution
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (2)
- Protein and Fruits Processors Ltd vs Patrick Kirai Mwaura
- Kirinyaga General Machinery vs Hezekiel Mureithi Ireri
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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