Maloba v Odebero (Civil Appeal 11 of 2012) [2025] KEHC 7252 (KLR) (22 May 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 7252
- Citation
- [2025] KEHC 7252 (KLR)
- Decided
- 22 May 2025
The court dismissed the application as there is no provision in the law for reinstating an appeal that has been dismissed for want of prosecution.
Facts
The respondent filed a suit against the applicant seeking Ksh. 239,800. The applicant did not appear and a default judgment was entered against him. He later sought to set aside the default judgment, which was denied. He appealed, but the appeal was dismissed for want of prosecution. The applicant then filed an application seeking reinstatement of the appeal.
Issues
- Whether the applicant has made a case for the setting aside of the order of dismissal
Reasoning
The court reviewed the provisions of the law and found that none of them are applicable for reinstating an appeal dismissed for want of prosecution. The court also considered the case of Ivita v Kyumbu and the principles of justice in such cases.
Outcome
The application was dismissed.
Orders
- The court granted the stay of execution orders pending the hearing of the application.
Authorities cited
Cases cited (1)
- Ivita v Kyumbu (1984) KLR 441
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