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Eliud Kimani Mwangi v British American Insurance Co Limited [2018] KEHC 8254 (KLR)

[2018] KEHC 8254 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
8254
Citation
[2018] KEHC 8254 (KLR)
Decided
1 March 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a dismissal for want of prosecutionCoramBwononga
Holding

The appeal is dismissed for want of prosecution

Facts

The appellant's counsel was not served with the notice to show cause and was unaware that the matter was listed for that day. The record of appeal was filed two years after the dismissal order.

Issues

  1. Whether the dismissal order should be set aside due to lack of service of the notice to show cause
  2. Whether the delay in prosecution is inordinate and justifies reinstating the appeal

Reasoning

The court found that the appellant's counsel was not served with the notice to show cause and there was no explanation for the delay in filing the record of appeal.

Outcome

Appeal dismissed

Orders

  • The appeal is dismissed for want of prosecution
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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