[2024] KEELC 393 (KLR)
The court found that the appellant had failed to comply with its previous direction to file and serve the record of appeal. Recognising the appellant's apparent difficulties in understanding or complying with the directions, the court granted a final opportunity for compliance by ordering the appellant to file and...
Source-derived case information.
- Citation
- [2024] KEELC 393 (KLR)
- Parties
- Appellant: Priscilla Chari Bandari; Respondent: Denis Mutuku; Respondent: Edward Kariuki; Respondent: Karisa Katana Mbogo; Respondent: Mohamed Suleiman Chengo; Respondent: Kassim Jefwa; Respondent: Mudzo Mwero; Respondent: Lois Kambene; Respondent: Dazombo Khanga; Respondent: Dume Wilson Mwanyamba; Respondent: Rama Mambo Vimbwanga; Respondent: Chibwana Hassan Hare; Respondent: Rose Chimega; Respondent: Mwamuye Daktari & others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 10 of 2023
- Procedural Posture
- Environment and Land Appeal / Ruling on Compliance With Directions to File Record of Appeal
- Outcome
- Conditional order for compliance; appeal to be struck out if record of appeal is not filed within 60 days.
- Judges
- SM Kibunja
- Legal Topics
- Appeal Record Filing, Non Compliance With Court Orders, Striking Out of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Priscilla Chari Bandari
Appellant
Denis Mutuku
Respondent
Edward Kariuki
Respondent
Karisa Katana Mbogo
Respondent
Mohamed Suleiman Chengo
Respondent
Kassim Jefwa
Respondent
Mudzo Mwero
Respondent
Lois Kambene
Respondent
Dazombo Khanga
Respondent
Dume Wilson Mwanyamba
Respondent
Rama Mambo Vimbwanga
Respondent
Chibwana Hassan Hare
Respondent
Rose Chimega
Respondent
Mwamuye Daktari & others
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Compliance With Directions to File Record of Appeal
Legal Issues
- 1 Whether the appellant has complied with the court's direction to file and serve the record of appeal within the stipulated time.
- 2 Whether the appeal should be struck out for failure to comply with court directions.
Ratio Decidendi
The court found that the appellant had failed to comply with its previous direction to file and serve the record of appeal. Recognising the appellant's apparent difficulties in understanding or complying with the directions, the court granted a final opportunity for compliance by ordering the appellant to file and serve the record of appeal within sixty days. The court further held that if the appellant failed to comply within the stipulated period, the appeal would be deemed struck out without any order as to costs. This approach balances the need for procedural compliance with fairness to a self-represented litigant who may be under stress or have comprehension difficulties, but also...
Court Disposition
Conditional order for compliance; appeal to be struck out if record of appeal is not filed within 60 days.
Orders
- The appellant is to file and serve the record of appeal upon all respondents through an authorised process server(s) within the next sixty (60) days and evidence of service be filed.
- Should the appellant fail to file the record of appeal within the time given, the appeal to be deemed as struck out without any order on costs.
Full Case Text
Judgment text and source record
45 paragraphs
Bandari v Mutuku & 12 others (Environment and Land Appeal 10 of 2023) [2024] KEELC 393 (KLR) (31 January 2024) (Ruling)
Neutral citation: [2024] KEELC 393 (KLR)
Republic of Kenya
In the Environment and Land Court at Mombasa
Environment and Land Appeal 10 of 2023
SM Kibunja, J
January 31, 2024
Between
Priscilla Chari Bandari
Appellant
and
Denis Mutuku
1st Respondent
Edward Kariuki
2nd Respondent
Karisa Katana Mbogo
3rd Respondent
Mohamed Suleiman Chengo
4th Respondent
Kassim Jefwa
5th Respondent
Mudzo Mwero
6th Respondent
Lois Kambene
7th Respondent
Dazombo Khanga
8th Respondent
Dume Wilson Mwanyamba
9th Respondent
Rama Mambo Vimbwanga
10th Respondent
Chibwana Hassan Hare
11th Respondent
Rose Chimega
12th Respondent
Mwamuye Daktari & others
13th Respondent
Ruling
1. From the documents on record, the appellant commenced this appeal through the undated memorandum of appeal filed on the 21st March 2023.
2. Then on 13th July 2023 the court directed the appellant to file the record of appeal. I have perused the court file but have not seen any record of appeal.
3. That attached to this record is the original file for Mombasa CMELC No. 52 of 2018 that was previously ELC No. 67 of 2017. Even though I have seen copies of judgement and order in Shanzu SPM Cr. Case No. 1029 of 2016 [consolidated with Cr. Case Nos. 969 of 2015 and 494 of 2016] in the file, I take the view that the instant appeal is against the judgement delivered on the 12th January 2023 in Mombasa CMELC No. 52 of 2018.
4. That during the previous mentions when the appellant attended and addressed the court, I noted she was either under stress or had difficulties in understanding and complying with the directions given by the court. That may explain why she is yet to file and serve the Record of Appeal.
5. That as the court cannot keep mentioning the appeal indefinitely while the appellant fails to comply with the clear directions of the court and with a view of according the appellant another opportunity to comply with the directions on filing of the Record of Appeal, the court orders as follows:
a.That the appellant is to file and serve the Record of Appeal upon all respondents through an authorised process server(s) within the next sixty (60) days and evidence of service be filed.b.That should the appellant fail to file the Record of Appeal within the time given in (a) above, the appeal to be deemed as struck out without any order on costs.It is so ordered.
DATED AND VIRTUALLY DELIVERED ON THIS 31ST DAY OF JANUARY 2024. S. M. KIBUNJA, J.ELC MOMBASA.In the Presence of:Appellant: Present in Person.Respondents : No appearance.Wilson – Court AssistantS. M. KIBUNJA, J.ELC MOMBASA.