Opportunity International Wedco Limited Samelgchohi v Elizabeth Mueni Kiamba & another (Suing as Legal Representative of Estate of Stepheni Muoki Mailu- deceased) [2020] KEHC 1780 (KLR)
- Court
- High Court of Kenya
- Case number
- 1780
- Citation
- [2020] KEHC 1780 (KLR)
- Decided
- 16 November 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a dismissal of an application for reinstatement and extension of interim ordersCoramG V ODUNGA
Holding
The application is dismissed with no order as to costs due to non-compliance with the court's directions by the respondents.
Facts
The applicants sought reinstatement of orders issued on 17th February, 2020 and for enlargement or extension of time to comply with the consent order. The respondents opposed the application.
Issues
- Whether the dismissal of the application for reinstatement and extension of interim orders should be set aside
- Whether the memorandum of appeal filed by the applicants should be deemed as duly filed and the sum of Kshs 687,878/- received by the respondents' advocates should be deemed as duly paid
Reasoning
The court exercised its discretion to dismiss the application as there was no justification for non-compliance with the court's directions. The court also dismissed the appeal as the underlying matter no longer exists.
Outcome
Application dismissed with no order as to costs
Orders
- The sum of Kshs 488,594/- deposited herein on 23rd March, 2020 be released to the Respondent's Advocates
Authorities cited
Cases cited (3)
- Masefield Trading (K) Ltd. vs. Francis M Kibui Nairobi (Milimani) HCCC No. 1796 of 2000
- Hunker Trading Company Limited vs. Elf Oil Kenya Limited Civil Application No. Nai. 6 of 2010
- Safaricom Limited vs. Ocean View Beach Hotel Limited & 2 Others Civil Application No. 327 of 2009
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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