Al-Husnain Motors Limited v David Eshiunwa Saya (Suing as the Legal Representative of the estate of the Late Micky Amunga Eshiunwa) [2019] KEHC 2948 (KLR)
- Court
- High Court of Kenya
- Case number
- 2948
- Citation
- [2019] KEHC 2948 (KLR)
- Decided
- 17 October 2019
The appeal is sustained and the court directs the Hon. Deputy Registrar to issue a summons to the Executive Officer in Charge of the Milimani Commercial Courts to produce the lower court's file or show cause why it should not be availed to the court.
Facts
The appellant, Al-Husnain Motors Limited, filed an appeal against a lower court judgment. The appeal was filed on February 10, 2011, but the appellant has not taken any steps to progress the appeal for hearing over the past eight years.
Issues
- Whether the appeal should be dismissed for want of prosecution
- Whether the court should order the supply of the lower court's proceedings and file
Reasoning
The court found that the appellant has not taken any steps to progress the appeal for hearing over the past eight years, despite the lower court's failure to supply copies of the typed proceedings. The court considers the delay to be beyond the appellant's control.
Outcome
Appeal sustained
Orders
- Summon the Executive Officer in Charge of the Milimani Commercial Courts to produce the lower court's file or show cause why it should not be availed to the court
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