[2015] KECA 63 (KLR)
The court found that neither the appellant nor his counsel appeared for the hearing, and there was no evidence on record that the appeal had been withdrawn as claimed by the respondent's counsel. The last hearing date was 4th November 2014, when the matter was adjourned. In the absence of the appellant and with no...
Source-derived case information.
- Citation
- [2015] KECA 63 (KLR)
- Parties
- Appellant: Benson Nga'nga Ndirangu; Respondent: National Bank of Kenya
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 36 of 2014
- Procedural Posture
- Civil Appeal / Order on Appeal Dismissal
- Outcome
- appeal dismissed for non-appearance of appellant; each party to bear its own costs
- Legal Topics
- Appeal Dismissal, Non Appearance, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Nga'nga Ndirangu
Appellant
National Bank of Kenya
Respondent
Procedural Posture
Civil Appeal / Order on Appeal Dismissal
Legal Issues
- 1 Whether the appeal should be dismissed due to non-appearance of the appellant.
- 2 Whether costs should be awarded to either party in the circumstances.
Ratio Decidendi
The court found that neither the appellant nor his counsel appeared for the hearing, and there was no evidence on record that the appeal had been withdrawn as claimed by the respondent's counsel. The last hearing date was 4th November 2014, when the matter was adjourned. In the absence of the appellant and with no withdrawal on record, the court exercised its discretion under Rule 102(1) of the Court of Appeal Rules to dismiss the appeal for non-appearance. Given that the respondent was also not ready to proceed, the court ordered that each party bear its own costs.
Court Disposition
appeal dismissed for non-appearance of appellant; each party to bear its own costs
Orders
- The appeal is dismissed under Rule 102(1) of the Court of Appeal Rules.
- Each party shall bear its own costs of the appeal.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: MARAGA, GATEMBU & MURGOR, JJ.A)
CIVIL APPEAL NO. 36 OF 2014
BETWEEN
BENSON NGA'NGA NDIRANGU............ APPELLANT
AND
NATIONAL BANK OF KENYA……….. RESPONDENT
(An Appeal from a Judgment of the High Court of Kenya at Busia,(Tuiyott, J.) dated 30th June, 2014 In H.C.ELC.NO. 132 OF 2014)
ORDER OF THE COURT
Though served, neither the appellant nor his counsel is in court. Mr. Ipapu, learned counsel holding brief for Mr. Otanga for the respondent, informs us that this appeal was on 7th November 2014 withdrawn. We, however, have nothing on record to show that the appeal ever came up for hearing on 7th November 2014. This appeal last came up for hearing on 4th November 2014 when it was adjourned.
In the circumstances, and there being no appearance on the part of the appellant, this appeal is hereby dismissed under Rule 102(1) of the Court of Appeal Rules.
As the respondent itself was not ready to go on, we order that each party bears its own costs of this appeal.
Dated at Busia this 27th July, 2015.
D.K.MARAGA
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