[2025] KEHC 9636 (KLR)

[2025] KEHC 9636 (KLR)

The court found that the appellant failed to demonstrate sufficient cause for reinstatement of the appeal. The appellant did not serve the memorandum of appeal on the respondents, failed to take steps to prosecute the appeal or seek directions within the prescribed period, and accepted settlement cheques, indicating...

Source-derived case information.

Citation
[2025] KEHC 9636 (KLR)
Parties
Appellant: Lucy Thigaa M’Ndaka; Respondent: Hammerton Mwagandi Jambo; Respondent: Festus Munyoki Musyoki
Court
High Court
Court Station
High Court at Nyahururu
Jurisdiction
Kenya
Judgment Date
30 June 2025
Case Number
Civil Appeal E042 of 2023
Procedural Posture
Civil Appeal / Ruling on Application to Reinstate Appeal After Striking Out
Outcome
application dismissed
Judges
LN Mutende
Legal Topics
Reinstatement of Appeal, Setting Aside Orders, Natural Justice, Court Discretion
Source Language
english
Civil Procedure Reinstatement of Appeal Setting Aside Orders Natural Justice Court Discretion

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lucy Thigaa M’Ndaka

Appellant

Hammerton Mwagandi Jambo

Respondent

Festus Munyoki Musyoki

Respondent

Procedural Posture

Civil Appeal / Ruling on Application to Reinstate Appeal After Striking Out

Legal Issues

  1. 1 Whether the appellant has demonstrated sufficient cause for the reinstatement of the struck out appeal.
  2. 2 Whether the failure to serve the memorandum of appeal and accept settlement cheques precludes reinstatement.
  3. 3 Whether the principles of natural justice and prejudice to parties warrant setting aside the striking out order.

Ratio Decidendi

The court found that the appellant failed to demonstrate sufficient cause for reinstatement of the appeal. The appellant did not serve the memorandum of appeal on the respondents, failed to take steps to prosecute the appeal or seek directions within the prescribed period, and accepted settlement cheques, indicating satisfaction with the judgment. The explanation provided for non-attendance (alleged power outage) was not followed by any proactive steps to revive the matter. The court held that the applicant's conduct did not warrant the exercise of discretion in her favour, and that justice to both parties required the application to be dismissed. The application was therefore found to be...

Court Disposition

application dismissed

Orders

  • The application to set aside the order striking out the appeal is dismissed.
  • There shall be no orders as to costs.