[2019] KEHC 43 (KLR)
The court found that the appellant failed to comply with the court's order of 11th July 2019, which required the filing and service of a record of appeal within 30 days. Despite being served with notice for directions, the appellant neither appeared nor provided any explanation for the non-compliance. The absence of...
Source-derived case information.
- Citation
- [2019] KEHC 43 (KLR)
- Parties
- Appellant: BLIS GVS HEALTH CARE LTD; Respondent: BAMA HOSPITAL LLP
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 13 of 2019
- Procedural Posture
- Civil Appeal / Ruling on Appeal for Non Compliance
- Outcome
- appeal dismissed for non-compliance with court orders
- Judges
- RE Aburili
- Legal Topics
- Appeal Dismissal, Non Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BLIS GVS HEALTH CARE LTD
Appellant
BAMA HOSPITAL LLP
Respondent
Procedural Posture
Civil Appeal / Ruling on Appeal for Non Compliance
Legal Issues
- 1 Whether the appellant complied with the court's directions to file and serve a record of appeal within the stipulated period.
- 2 Whether the appeal should be dismissed for non-compliance with court orders.
Ratio Decidendi
The court found that the appellant failed to comply with the court's order of 11th July 2019, which required the filing and service of a record of appeal within 30 days. Despite being served with notice for directions, the appellant neither appeared nor provided any explanation for the non-compliance. The absence of any justification for the delay or failure to comply left the court with no reason to keep the appeal pending. Consequently, the appeal was dismissed for non-compliance with court orders, and the file was closed.
Court Disposition
appeal dismissed for non-compliance with court orders
Orders
- The appeal is dismissed for non-compliance with court orders of 11th July 2019.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CIVIL APPEAL NO. 13 OF 2019
BLIS GVS HEALTH CARE LTD......................................................APPELLANT
VERSUS
BAMA HOSPITAL LLP...................................................................RESPONDENT
(Being an Appeal arising from a Ruling in Civil Suit Case 27 of 2018
in the Principal Magistrate’s court at Siaya on 10th April 2019
before Hon. T.M. Olando, Senior Resident Magistrate)
RULING
1. In this appeal, Parties were called out but were all absent. There is evidence that the parties hereto were served with Notice for today for directions as per the Affidavit of Service dated 9/9/2019. In addition, on 11/7/2019 when this appeal was admitted to hearing, I directed the appellant to file and serve a record of appeal within 30 days.
2. A Notice dated 14th August 2018 signed by the Deputy Registrar was send to the appellant’s advocates. To date, there is no compliance with the said orders/directions.
3. In the absence of the appellant’s counsel to explain reasons for non-compliance with court orders/directions, I have no reason to keep this appeal pending, I hereby dismiss this appeal for non-compliance with court orders of 11th July 2019.
4. File closed.
Orders accordingly.
Dated, signed and Delivered at Siaya, this 4th Day of November, 2019
R.E. ABURILI
JUDGE