Osho Chemical Industries Limited & Tabitha Wanjiru Mwaniki & another [2018] KEHC 7847 (KLR)
- Court
- High Court of Kenya
- Case number
- 7847
- Citation
- [2018] KEHC 7847 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from Senior Resident Magistrate's Court JudgmentCoramC. MEOLI
Holding
The appeals are dismissed for want of prosecution, but the Appellants are directed to take steps to have the appeals set down for hearing within 60 days of the judgment.
Facts
Two appeals were filed by Osho Chemical Industries Limited and two other individuals against judgments of the Senior Resident Magistrate's Court. The appeals were dismissed for want of prosecution due to the lack of steps taken to prosecute the appeals.
Issues
- Whether the dismissal of the appeals for want of prosecution is justified under the Civil Procedure Act and Civil Procedure Rules.
- Whether the Appellants have a valid argument based on the provisions of Section 79B of the Civil Procedure Act and Order 42 Rule 35 of the Civil Procedure Rules.
Reasoning
The court dismissed the appeals due to the lack of steps taken to prosecute the appeals, despite the Appellants' arguments based on legal technicalities and the provisions of the Civil Procedure Act and Civil Procedure Rules.
Outcome
Appeals dismissed for want of prosecution.
Orders
- The Appellants are directed to take steps to have the appeals set down for hearing within 60 days of the judgment.
- The costs of the applications are awarded to the Respondent.
Remedies
- The Appellants are directed to take steps to have the appeals set down for hearing within 60 days of the judgment.
- The costs of the applications are awarded to the Respondent.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (4)
- Elem Investment Limited -Vs- John Mokora Otwoma [2015] eKLR
- Law Society of Kenya -Vs- Martin Day [2015] eKLR
- Hunter Trading Company Limited versus ELF Oil Kenya Limited, Civil Application No. Nai 6 of 2010 (UR3)
- Kenya Commercial Bank vs. Kenya Planters Co-operative Union Nai Civil Application No.85 of 2010 (UR) 62 of 2010
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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