[2011] KEHC 794 (KLR)
The court found that all procedural requirements under Order 42 Rule 13(4) of the Civil Procedure Rules had been satisfied, including the availability of all exhibits and the original lower court record. Consequently, the court directed that the appeal be listed for hearing, as there were no outstanding procedural...
Source-derived case information.
- Citation
- [2011] KEHC 794 (KLR)
- Parties
- Appellant: Njowambu (K) Limited; Respondent: Michael Muriuki Muturi
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 128 of 2009
- Procedural Posture
- Civil Appeal / Directions Before Hearing
- Outcome
- Directions issued for hearing of the appeal.
- Legal Topics
- Appeal Directions, Compliance With Procedural Rules
- 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
Njowambu (K) Limited
Appellant
Michael Muriuki Muturi
Respondent
Procedural Posture
Civil Appeal / Directions Before Hearing
Legal Issues
- 1 Whether the requirements of Order 42 Rule 13(4) of the Civil Procedure Rules have been complied with for the appeal to proceed to hearing.
Ratio Decidendi
The court found that all procedural requirements under Order 42 Rule 13(4) of the Civil Procedure Rules had been satisfied, including the availability of all exhibits and the original lower court record. Consequently, the court directed that the appeal be listed for hearing, as there were no outstanding procedural impediments.
Court Disposition
Directions issued for hearing of the appeal.
Orders
- The appeal may now be listed for hearing for 30 minutes.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CIVIL APPEAL NO 128 OF 2009
NJOWAMBU (K) LIMITED………….………………………………..APPELLANT
VERSUS
MICHAEL MURIUKI MUTURI…….……………………………… RESPONDENT
(Being an appeal from the Judgment/Decree of Hon. J.N. Mwaniki – Resident Magistrate, Baricho delivered on the 23rd September 2009 in Baricho RMCC NO. 46 OF 2008)
RULING ON DIRECTIONS
This matter has come before me for Directions under Order 42 Rule 13 Civil Procedure Rules.
I am satisfied that Order 42 Rule 13 (4) Civil Procedure Rules has been complied with. All the exhibits relied on in the lower court are on record. The original record from the lower court is also availed.
I therefore give directions that the appeal may now be listed for hearing for 30 minutes.
DATED, SIGNED AND DELIVERED AT EMBU THIS 16TH DAY OF NOVEMBER 2011.
H.I. ONG’UDI
JUDGE