Kibutu v Kipyakwai (Civil Appeal E016 of 2021) [2025] KEHC 5519 (KLR) (29 April 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 5519
- Citation
- [2025] KEHC 5519 (KLR)
- Decided
- 29 April 2025
Summary at a glance
TypeCivil AppealPostureApplication for setting aside the order of dismissal of appeal for want of prosecutionCoramSM MOHOCHI
The application is dismissed with costs to the respondent.
Facts
The appeal was dismissed on July 4, 2023, for want of prosecution. The applicant filed an application on March 5, 2024, seeking to set aside the dismissal order.
Issues
- Service of notice to show cause
- Mootness of reasons for dismissal
- Proper issuance of dismissal order
- Delay in filing the application
Reasoning
The court found no merit in the application, noting that the applicants were duly served, the reasons for dismissal were moot, the order of dismissal was not properly issued, and there was no other sufficient reason warranting setting aside the order.
Outcome
Dismissed
Orders
- Application dismissed with costs to the respondent.
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