[2015] KEHC 4296 (KLR)
The court found that the appellant had not taken any steps in the appeal since its filing in December 2012, demonstrating a lack of interest in prosecuting the matter. Given the prolonged inaction and absence of opposition to the application, the court held that the application for dismissal for want of prosecution...
Source-derived case information.
- Citation
- [2015] KEHC 4296 (KLR)
- Parties
- Appellant: Andrew Sila; Respondent: Mwaniki David; Respondent: Thomas Muasya alias Thomas Kituka; Respondent: Liz Jacklyne Kyulu
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 210 of 2012
- Procedural Posture
- Civil Appeal / Application for Dismissal for Want of Prosecution
- Outcome
- Appeal dismissed for want of prosecution with costs to the applicant.
- Judges
- BT Jaden
- Legal Topics
- Dismissal for Want of Prosecution, Appeal Delay, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Sila
Appellant
Mwaniki David
Respondent
Thomas Muasya alias Thomas Kituka
Respondent
Liz Jacklyne Kyulu
Respondent
Procedural Posture
Civil Appeal / Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution due to inaction by the appellant.
Ratio Decidendi
The court found that the appellant had not taken any steps in the appeal since its filing in December 2012, demonstrating a lack of interest in prosecuting the matter. Given the prolonged inaction and absence of opposition to the application, the court held that the application for dismissal for want of prosecution was merited and allowed it with costs to the applicant.
Court Disposition
Appeal dismissed for want of prosecution with costs to the applicant.
Orders
- The appeal is dismissed for want of prosecution.
- Costs awarded to the applicant.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CIVIL APPEAL NO. 210 OF 2012
ANDREW SILA.............................................................APPELLANT
VERSUS
MWANIKI DAVID...............................................1ST RESPONDENT
THOMAS MUASYA alias THOMAS KITUKA......2ND RESPONDENT
LIZ JACKLYNE KYULU.................3RD RESPONDENT/APPLICANT
RULING
1. The application dated 24th September, 2014 seeks orders that the Appellant’s appeal be dismissed for want of prosecution.
2. It is stated in the affidavit in support that since the filing of the appeal in the year 2012, the Appellant has not taken any steps in the appeal herein. That the Appellant has lost interest in the appeal and the same ought to be dismissed with costs.
3. The application is unopposed. Although the hearing date for this application was fixed in the presence of the counsels for both parties, there was no attendance by the Respondent’s side. No papers were filed in opposition to the application.
4. I have considered the application and perused the file herein. No steps have been taken by the Appellant herein since the filing of the appeal in the month of December 2012. The Appellant appears to have lost interest in the
appeal.The application has merits and is allowed with costs.
………………………………………
B. THURANIRA JADEN
Dated and delivered at Machakos this 11th day of June, 2015
………………………………………
B. THURANIRA JADEN
JUDGE