[2024] KEHC 1230 (KLR)
The court held that the appellant's failure to file and serve the record of appeal and submissions within the sixty-day period, as directed, resulted in the automatic dismissal of the appeal by operation of the court's prior orders. The subsequent filing of documents by the appellant was deemed ineffective, as they...
Source-derived case information.
- Citation
- [2024] KEHC 1230 (KLR)
- Parties
- Appellant: Rajab Akida; Respondent: Ibrahim Omulah Shisia
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 82 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Status of Appeal After Non Compliance With Court Directions
- Outcome
- appeal dismissed for non-compliance; file closed
- Judges
- PJO Otieno
- Legal Topics
- Appeal Dismissal, Non Compliance With Court Orders, Reinstatement of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rajab Akida
Appellant
Ibrahim Omulah Shisia
Respondent
Procedural Posture
Civil Appeal / Ruling on Status of Appeal After Non Compliance With Court Directions
Legal Issues
- 1 Whether the appeal stands dismissed due to the appellant's failure to comply with court directions within the stipulated time.
- 2 Whether documents filed after the dismissal of the appeal have any legal effect.
- 3 Whether the court can proceed with the appeal in the absence of an application for reinstatement.
Ratio Decidendi
The court held that the appellant's failure to file and serve the record of appeal and submissions within the sixty-day period, as directed, resulted in the automatic dismissal of the appeal by operation of the court's prior orders. The subsequent filing of documents by the appellant was deemed ineffective, as they were filed in relation to an appeal that no longer existed. The appellant did not seek reinstatement of the appeal or respond to the respondent's objections. Consequently, the court found that it had no basis to proceed further and ordered the closure of the file.
Court Disposition
appeal dismissed for non-compliance; file closed
Orders
- The appeal stands dismissed for failure to comply with court directions.
- The court file is to be closed forthwith.
Full Case Text
Judgment text and source record
22 paragraphs
Akida v Shisia (Civil Appeal 82 of 2022) [2024] KEHC 1230 (KLR) (9 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1230 (KLR)
Republic of Kenya
In the High Court at Kakamega
Civil Appeal 82 of 2022
PJO Otieno, J
February 9, 2024
Between
Rajab Akida
Appellant
and
Ibrahim Omulah Shisia
Respondent
(Being an appeal from the Judgment and decision of Hon. G. Ollimo (SPM) in Butere SPMCC Case No. 89 of 2019 delivered on 22nd September 2022)
Ruling
1. On the 14. 11. 2022, when the matter came for the hearing of the application for stay pending appeal, when the Appellant failed to attend court, the said application was dismissed, the appeal was deemed admitted and direction given to first track the appeal.
2. One of the directions was that the Appellant files and serves both record of appeal and submissions within sixty (60) days and on default the appeal would stand dismissed.
3. In computing the time within which compliance was to be made, the Court reckons with the duration between 21st December and 13th January and determines that the last day for compliance was 3rd February, 2023. By that date, when the Appellant failed to comply with directions of the Court, the appeal stood dismissed. The Court file shows that the record of appeal and submissions were not filed till the 30. 6.2023. Such documents were filed on a non-existent appeal and are of no consequence.
4. It would require that the appeal be reinstated before the Court can set on a journey in handling any matter on it. As of today, this appeal stands dismissed. The matter has been raised by the Respondent and the Appellant has chosen not to offer any rebuttal. He has equally chosen not to remedy the situation by seeking reinstatement.
5. The Court is left with no option but to find that with the dismissed appeal this file now demands closure.
6. Let the file be closed forthwith.
DATED, SIGNED AND DELIVERED AT KAKAMEGA, THIS 9TH DAY OF FEBRUARY, 2024. PATRICK J. O. OTIENOJUDGEIn the presence of:Mr. Shikanda for Ashioya for the AppellantMs. Anono for the RespondentCourt Assistant: Polycap Mukabwa