[2007] KEHC 733 (KLR)
The court found that the applicant was not entirely free from blame for the dismissal of the appeal, as difficulties in obtaining instructions from the client contributed to the situation. The court further held that the applicant could not avoid payment of rent on the basis of other claims or judgments in other...
Source-derived case information.
- Citation
- [2007] KEHC 733 (KLR)
- Parties
- Appellant: James Maina; Respondent: David Wanjohi Kamau
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Case 72 of 2003
- Procedural Posture
- Civil Appeal / Ruling on Application for Reinstatement of Appeal
- Outcome
- application dismissed with costs to the respondent
- Legal Topics
- Reinstatement of Appeal, Dismissal for Non Attendance, Client Advocate Relationship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
James Maina
Appellant
David Wanjohi Kamau
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Reinstatement of Appeal
Legal Issues
- 1 Whether the appeal should be reinstated after dismissal for want of prosecution.
- 2 Whether the applicant is free from blame for the dismissal of the appeal.
- 3 Whether the applicant is entitled to relief despite non-payment of rent.
Ratio Decidendi
The court found that the applicant was not entirely free from blame for the dismissal of the appeal, as difficulties in obtaining instructions from the client contributed to the situation. The court further held that the applicant could not avoid payment of rent on the basis of other claims or judgments in other suits. Given that the respondent had been deprived of income from the property since 1992 and that there is no permanency in a tenancy, the court concluded that the application for reinstatement lacked merit and should be dismissed with costs to the respondent.
Court Disposition
application dismissed with costs to the respondent
Orders
- Application for reinstatement of the appeal is dismissed.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
CIVIL CASE 72 OF 2003
JAMES MAINA…………………………………..APPEALLANT
=VERSUS=
DAVID WANJOHI KAMAU…………………....RESPONDENT
RULING
I have considered the application for reinstatement of the Appeal. The Appeal does not have much chance of success considering the record. There are many times when a party is bound by the actions or omissions of their Counsel. In this case I did not see that the Applicant is entirely free of blame for the reasons for the dismissal. His own advocate states that they had difficulties getting instructions from their client.
The applicant has other remedies. The Respondent has been kept out of his just income from his property. There is no permanency in a tenancy. In this case, no rent has been paid since 1992. The Applicant cannot expect to avoid payment of rent on the basis he has other claims or judgments in other suits.
Application is dismissed with costs to the Respondent.
DATED AND DELIVERED AT ELDORET ON THIS 10TH DAY OF DECEMBER 2007.
M.K. IBRAHIM,
JUDGE.