Kenya National Highway Authority v Zenith Steel Fabricators Limited & another [2020] KEHC 2319 (KLR)
- Court
- High Court of Kenya
- Case number
- 2319
- Citation
- [2020] KEHC 2319 (KLR)
- Decided
- 15 October 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks to vacate and/or discharge its orders of 31st January, 2020 dismissing the appeal for want of prosecution.CoramL. NJUGUNA
Holding
The appeal is reinstated, and the appellant is granted an opportunity to prosecute its appeal on merit.
Facts
The appellant/applicant failed to prosecute its appeal after the trial court granted an order striking out the applicant's statement of defence and entering judgment on admission. The appellant applied for a stay of execution pending appeal, but the stay was not granted.
Issues
- Whether the appellant's appeal should be reinstated.
- Whether the appellant should be granted an opportunity to prosecute its appeal on merit.
Reasoning
The court finds that there has been an inadvertent delay in the prosecution of the appeal, but substantive justice requires the appellant to be given an opportunity to pursue its appeal on merit.
Outcome
Appeal reinstated.
Orders
- The Deputy Registrar-Civil Division shall call for the lower court file to be availed to the High Court-Civil Appeals Division, together with the certified typed proceedings, judgment and decree within 14 days from this date.
- The applicant shall thereafter prepare, file and serve its record of appeal within 7 days upon lapse of the 14 days.
- The applicant shall prosecute its appeal within 60 days from today, failing which the order for reinstatement shall lapse and the appeal shall be dismissed.
Remedies
- Costs of the application to abide the outcome of the appeal.
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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