[2019] KEHC 5382 (KLR)
The court found that the appellant failed to comply with its order to file and serve the record of appeal within the stipulated period. Neither party appeared on the scheduled hearing date. In the absence of compliance and active prosecution, the court exercised its discretion to dismiss the appeal for want of...
Source-derived case information.
- Citation
- [2019] KEHC 5382 (KLR)
- Parties
- Appellant: Angeline Achieng; Respondent: Alfred Lupapa
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 8 of 2018
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- Appeal dismissed for want of prosecution. No order as to costs.
- Judges
- RE Aburili
- Legal Topics
- Dismissal for Want of Prosecution, Appeal Procedure, Non Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Angeline Achieng
Appellant
Alfred Lupapa
Respondent
Procedural Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution due to the appellant's failure to file and serve the record of appeal as ordered.
- 2 Whether any orders as to costs should be made upon dismissal.
Ratio Decidendi
The court found that the appellant failed to comply with its order to file and serve the record of appeal within the stipulated period. Neither party appeared on the scheduled hearing date. In the absence of compliance and active prosecution, the court exercised its discretion to dismiss the appeal for want of prosecution. The court further exercised its discretion not to award costs to either party.
Court Disposition
Appeal dismissed for want of prosecution. No order as to costs.
Orders
- The appeal is dismissed for want of prosecution.
- No orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CIVIL APPEAL NO. 8 OF 2018
(CORAM: HON. R.E. ABURILI - J)
ANGELINE ACHIENG...................................................APPELLANT
VERSUS
ALFRED LUPAPA.........................................................RESPONDENT
(An Appeal from the Judgment of the PM’s Court, Siaya in Civil Case No. 14 of 2015
delivered on the 23. 3.2018 before Hon. J.O. Ongondo, PM)
RULING
1. This Appeal was admitted to hearing on 27/1/2019.
2. On 20/2/2019, the Court directed the Deputy Registrar to serve parties with Notices and that the Appellant’s counsel do file and serve a record of appeal within 21 days of the said date but the appellant has not complied with the said Order.
3. Today’s date was also served upon the Parties’ Advocates but there is no appearance. In the premise, I hereby dismiss this appeal for want of prosecution.
4. I make no orders as to costs.
Dated, signed and Delivered at Siaya, this 22nd Day of July 2019
R.E. ABURILI
JUDGE