[2015] KECA 41 (KLR)
The Court of Appeal dismissed the appeal because the appellants, despite being duly served with notice of the hearing, failed to attend court. The respondents' advocate applied for dismissal under Rule 102(1) of the Court of Appeal Rules, which empowers the court to dismiss an appeal for non-attendance by the...
Source-derived case information.
- Citation
- [2015] KECA 41 (KLR)
- Parties
- Appellant: Archbishop Samson Mwangi Gaitho; Appellant: Bishop's Synod of the Africa Independent; Appellant: Pentecostal Church of Africa; Respondent: Arthur Njenga; Respondent: Francis Njogu; Respondent: Daniel Rarui; Respondent: Daniel Njenga
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal Of 20 of 2007
- Procedural Posture
- Civil Appeal / Appeal Dismissed for Non Attendance
- Outcome
- appeal dismissed for non-attendance of appellants
- Judges
- DK Musinga
- Legal Topics
- Dismissal for Non Attendance, Appeal Procedure, Court Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Archbishop Samson Mwangi Gaitho
Appellant
Bishop's Synod of the Africa Independent
Appellant
Pentecostal Church of Africa
Appellant
Arthur Njenga
Respondent
Francis Njogu
Respondent
Daniel Rarui
Respondent
Daniel Njenga
Respondent
Procedural Posture
Civil Appeal / Appeal Dismissed for Non Attendance
Legal Issues
- 1 Whether the appeal should be dismissed due to the appellants' non-attendance at the hearing.
Ratio Decidendi
The Court of Appeal dismissed the appeal because the appellants, despite being duly served with notice of the hearing, failed to attend court. The respondents' advocate applied for dismissal under Rule 102(1) of the Court of Appeal Rules, which empowers the court to dismiss an appeal for non-attendance by the appellant. The court found no reason to adjourn or excuse the absence, and therefore exercised its discretion to dismiss the appeal. No order as to costs was made.
Court Disposition
appeal dismissed for non-attendance of appellants
Orders
- The appeal is dismissed under Rule 102(1) of the Court of Appeal Rules.
- No order as to costs.
Full Case Text
Judgment text and source record
34 paragraphs
IN THE COURT OF APPEAL
AT ELDORET
(CORAM: MUSINGA, GATEMBU & MURGOR, JJ.A)
CIVIL APPEAL NO. Of 2007
BETWEEN
ARCHBISHOP SAMSON MWANGI GAITHO….……. 1sT APPELLANT
BISHOP'S SYNOD OF THE
AFRICA INDEPENDENT .................................... 2ND APPELLANT
PENTECOSTAL CHURCH OF AFRICA.............. 3RD APPELLANT
AND
ARTHUR NJENGA ........................................... 1sT RESPONDENT
FRANCIS NJOGU ......................................... 2ND RESPONDENT
DANIEL RARUI ............................................ 3RD RESPONDENT
DANIEL NJENGA ........................................... 4TH RESPONDENT
(An appeal from the order of the High Court of Kenya at Eldoret
(Ibrahim, J) dated 3rd August, 2007
in
H.C.C.C. NO. 39 OF 2007)
**********************
ORDER OF THE COURT
When this appeal was called out for hearing this morning the appellants were not in court despite having been served on 11th May, 2015. Mrs Kimani holding brief for Mr Mbugua for the respondents though ready to proceed, applied for the appeal to be dismissed for non attendance of the appellants.
In the circumstances, the appeal is dismissed under Rule 102(1) of this Court's rules with no orders as to costs.
Dated at Eldoret this 28th day of May, 2015.
D. K. MUSINGA
...........................
JUDGE OF APPEAL
S. GATEMBU KAIRU, FCIArb
...................................
JUDGE OF APPEAL
A.K.MURGOR
............................
JUDGE OF APPEAL
I certify that this is a true copy of the original
DEPUTY REGISTRAR