Kenya National Highway Authority v Zenith Steel Fabricators Limited & another [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
Justice L. Njuguna
Judgment Date
October 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Kenya National Highway Authority v Zenith Steel Fabricators Limited & another [2020] eKLR

1. Case Information:
- Name of the Case: Kenya National Highway Authority v. Zenith Steel Fabricators Limited & SBI International Holdings AG (Kenya) Limited
- Case Number: Civil Appeal No. 288 of 2016
- Court: High Court of Kenya at Nairobi
- Date Delivered: 15th October 2020
- Category of Law: Civil
- Judge(s): Justice L. Njuguna
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court are:
- Whether the court should set aside the order dismissing the appeal for want of prosecution.
- Whether the court should grant a stay of execution of the ruling/order delivered on 17th May 2016 in Milimani CMCC No. 7044 of 2014 pending the hearing and determination of the appeal.

3. Facts of the Case:
The appellant, Kenya National Highway Authority, filed an appeal against a ruling by the trial court that granted Zenith Steel Fabricators Limited (the 1st respondent) a judgment on admission amounting to Kshs. 4,241,829.50 plus costs and interest. The appellant sought certified copies of typed proceedings to file the record of appeal but faced delays in obtaining these documents. The inactivity in prosecuting the appeal was attributed to the departure of the advocate who had initially handled the case. The appellant contended that they were not served with a notice to show cause prior to the dismissal of the appeal.

4. Procedural History:
The case progressed through the court system as follows:
- The trial court ruled in favor of the 1st respondent on 17th May 2016.
- The appellant filed an appeal and sought a stay of execution, which was granted on 10th February 2017.
- The appeal was dismissed on 31st January 2020 for want of prosecution, leading to the current motion to reinstate the appeal and the stay order.

5. Analysis:
- Rules: The court considered the principles surrounding the reinstatement of appeals and the granting of stay orders, emphasizing the need for justice and the rights of litigants not to be undermined by their advocates' mistakes.
- Case Law: The court referenced *Joseph Kimani Kamuri & another v. James Kangara Kihara [2016] eKLR*, which supports the notion that courts can exercise discretion in reinstating appeals under certain circumstances. Additionally, *Belinda Murai & 9 others v. Amos Wainaina [1978] eKLR* and *Ahmed v. Highway Carriers (1986) LLR 258 (CAK)* were cited to highlight that a litigant should not suffer due to their advocate's errors.
- Application: The court determined that the appellant's advocate had not acted on available information regarding the appeal's status, but the mistakes made should not penalize the appellant. The court found that the applicant had made diligent efforts to obtain necessary documents and thus warranted a chance to pursue the appeal on its merits.

6. Conclusion:
The court allowed the motion to reinstate the appeal and granted a stay of execution. The Deputy Registrar was instructed to expedite the availability of the lower court file and proceedings, and the appellant was directed to file and serve the record of appeal within a specified timeframe. This ruling underscores the court's commitment to ensuring that justice is served and that procedural missteps by legal representatives do not obstruct a party's right to appeal.

7. Dissent:
There were no dissenting opinions noted in this ruling.

8. Summary:
In conclusion, the High Court of Kenya reinstated the appeal of the Kenya National Highway Authority against Zenith Steel Fabricators Limited and SBI International Holdings AG, allowing the appellant to proceed with its case. The court's decision emphasizes the importance of access to justice and the principle that litigants should not be penalized for their counsel's mistakes. The ruling also highlights the court's role in balancing the rights of both parties while ensuring procedural fairness.

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