[2018] KEHC 3296 (KLR)
The court found that the appellant had demonstrated sufficient cause for reinstatement of the appeal, considering the prompt filing of the application for reinstatement, the deposit of decretal sums, and the subsequent filing of the record of appeal. However, the court held that the payment of the previously ordered...
Source-derived case information.
- Citation
- [2018] KEHC 3296 (KLR)
- Parties
- Appellant: Kisima Farm Ltd; Respondent: Zachary Munamu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 23 of 2017
- Procedural Posture
- Civil Appeal / Application for Reinstatement of Appeal After Dismissal
- Outcome
- Application for reinstatement of appeal allowed subject to payment of costs and compliance with filing directions.
- Legal Topics
- Reinstatement of Appeal, Non Compliance With Court Orders, Costs Award, Filing of Record of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kisima Farm Ltd
Appellant
Zachary Munamu
Respondent
Procedural Posture
Civil Appeal / Application for Reinstatement of Appeal After Dismissal
Legal Issues
- 1 Whether the appeal should be reinstated after dismissal for non-compliance with court orders.
- 2 Whether payment of previously ordered costs is a condition precedent to reinstatement of the appeal.
Ratio Decidendi
The court found that the appellant had demonstrated sufficient cause for reinstatement of the appeal, considering the prompt filing of the application for reinstatement, the deposit of decretal sums, and the subsequent filing of the record of appeal. However, the court held that the payment of the previously ordered costs of Kshs 10,000 to the respondent was a mandatory condition precedent to the reinstatement. The court further directed timelines for filing and serving written submissions and records of appeal, making compliance with these directions essential for the continuation of the appeal.
Court Disposition
Application for reinstatement of appeal allowed subject to payment of costs and compliance with filing directions.
Orders
- The appeal is reinstated on condition that the appellant pays Kshs 10,000 to the respondent within 7 days.
- The appellant shall file and serve written submissions and the record of appeal within 7 days.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CIVIL APPEAL NO. 23 OF 2017
KISIMA FARM LTD........................................APPELLANT
VERSUS
ZACHARY MUNAMU...................................RESPONDENT
RULING
On 28. 5.2018 Justice Majanja dismissed the appeal herein for reasons appellant had not complied with order of 11th May 2018 to file Records of Appeal within 14 days and there was no attendance for the appellant on the material day. The appellants were condemned to pay costs of Kshs 10,000/= to the Respondents. The appellants applied that the appeal be reinstated by an application dated 20th June 2018. The application is opposed by the Respondents.
However in consideration that decretal sums was deposited and in consideration that when the appeal was dismissed the appellants filed application for reinstatement without delay and in consideration the records of appeal have been filed it is the opinion of this court that appellant should be given a chance to argue the appeal by way of written submissions. The application is allowed but the costs earlier on ordered of Kshs 10,000/= should still be paid to the Respondent as condition precedent to allowing reinstatement. Appellants have 7 days to file and serve the written submissions as well as records of appeal and also pay costs of Kshs. 10,000/=.
Upon service of the Records of appeal and written submissions the Respondents will also have 7 days to file and serve their written submissions judgement in this appeal will be rendered 29. 11. 2018. In default of any of the condition above the appeal shall stand dismissed without recourse to the court. Orders accordingly.
HON. A.ONG’INJO
JUDGE
RULING DELIVERED, SIGNED AND DATED THIS 18TH DAY OF OCTOBER 2018
HON. A.MABEYA
JUDGE