[2004] KEHC 2227 (KLR)
The court found that the appellant had failed to take any steps to prosecute the appeal since its admission for hearing and had not responded to the application for dismissal, indicating a lack of interest in pursuing the appeal. The absence of any opposition or explanation from the appellant justified the dismissal...
Source-derived case information.
- Citation
- [2004] KEHC 2227 (KLR)
- Parties
- Appellant: Benson Otieno Adoyo; Respondent: Philip Juma Ojijo; Respondent: George Adha Adongo
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 87 of 2002
- Procedural Posture
- Civil Appeal / Ruling on Application to Dismiss Appeal
- Outcome
- Appeal dismissed for want of prosecution with costs to the respondents.
- Legal Topics
- Dismissal for Want of Prosecution, Appeal Procedure, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Otieno Adoyo
Appellant
Philip Juma Ojijo
Respondent
George Adha Adongo
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Dismiss Appeal
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution.
- 2 Whether the appellant demonstrated interest in prosecuting the appeal.
Ratio Decidendi
The court found that the appellant had failed to take any steps to prosecute the appeal since its admission for hearing and had not responded to the application for dismissal, indicating a lack of interest in pursuing the appeal. The absence of any opposition or explanation from the appellant justified the dismissal of the appeal for want of prosecution. The court exercised its discretion to dismiss the appeal and awarded costs to the respondents.
Court Disposition
Appeal dismissed for want of prosecution with costs to the respondents.
Orders
- The application is allowed.
- The appeal is dismissed with costs.
Full Case Text
Judgment text and source record
5 paragraphs
IN THE HIGH COURT OF KENYA AT KISII CIVIL APPEAL NO.87 OF 2002 BENSON OTIENO ADOYO ……………………………………… APPELLANT VERSUS 1. PHILIP JUMA OJIJO ) 2. GEORGE ADHA ADONGO ) …………………………… RESPONDENTS RULING
I have considered the application. There was no reply to the same. Indeed the appeal was admitted for hearing on 29/5/02. Since then the appellant did not take any steps to have the appeal heard. He is not interested on the same. Even after he was served with this application its true he did not even bother to file a replying affidavit or grounds of opposition.
The application is therefore allowed. Appeal is dismissed with costs.
KABURU BAUNI JUDGE. 9/2/04 Delivered in presence of Mr. Ondari H/B for Mr. Osoro.
KABURU BAUNI JUDGE