Kenya Power & Lighting Company Limited v Andy International [2020] KEHC 5186 (KLR)
- Court
- High Court of Kenya
- Case number
- 5186
- Citation
- [2020] KEHC 5186 (KLR)
- Decided
- 19 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureRespondent's application to dismiss the appeal for want of prosecutionCoramHonourable Judge
Holding
The appeal was dismissed for want of prosecution, and the amount deposited in court was released to the Respondent.
Facts
Respondent filed a Notice of Motion application seeking to dismiss the appeal for want of prosecution, and to release funds deposited in a joint interest earning account.
Issues
- whether the appeal was properly filed and prosecuted within the prescribed time frame
- whether the court has complied with mandatory provisions of the Civil Procedure Rules
Reasoning
The court found that the appellant failed to comply with the mandatory provisions of Order 42 Rule 13 and 35(2) of the Civil Procedure Rules, and that the appeal was not prosecuted within the prescribed time frame.
Outcome
Appeal dismissed
Orders
- The appeal was dismissed for want of prosecution
- The sum of Kshs.894,814.75 deposited in a joint interest earning account was released to the Respondent
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (3)
- Pyramid Hauliers Co. Limited v James Omingo Nyaaga & 3 others [2017] eKLR
- Eastern Produce Kenya Ltd v Rongai Workshop & Transporters Ltd & Another [2014] eKLR
- Ikta v Kyumbu [1984] KLR 441
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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