Latifa M. Ramadhan v Omar M. Ramadhan & another [2021] KEHC 8161 (KLR)
- Court
- High Court of Kenya
- Case number
- 8161
- Citation
- [2021] KEHC 8161 (KLR)
- Decided
- 26 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks to set aside the dismissal of her appeal and reinstate the appealCoramCHESON
Holding
The court dismisses the application as there is no reasonable excuse for the delay in prosecuting the appeal.
Facts
The appellant filed an appeal in Succession Case No.37 of 2011, but the appeal was dismissed for want of prosecution on September 7, 2018. The appellant filed a notice of motion application to set aside the dismissal and reinstate the appeal.
Issues
- Whether the court can set aside the orders of dismissal and reinstate the appeal
- Whether the appellant has reasonable and excusable cause for the prolonged delay in prosecuting the appeal
Reasoning
The court finds no reasonable excuse for the delay and the appellant has not prosecuted the application. The court cannot be recruited to aid an indolent litigant.
Outcome
Dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act Cap 21 Laws of Kenya
- Article 48, 50 and 159 (2) (d) of the Constitution of Kenya, 2010
Cases cited (2)
- Mathews Sankok Shompa vs Kenya Commercial Bank Limited and others Civil Appeal No. 529/2004
- IVITA V KYUMBU 1984 KLR 441 CHESON J (as he then was)
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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