[2019] KEHC 36 (KLR)
The court found that the appellant failed to comply with the court's order of 11th July 2019, which required filing and serving a record of appeal within 30 days. Despite being served with notice for directions and having ample opportunity to comply, the appellant neither filed the required documents nor appeared to...
Source-derived case information.
- Citation
- [2019] KEHC 36 (KLR)
- Parties
- Appellant: BLIS GVS HEALTHCARE 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, Record of Appeal Filing
- 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
BLIS GVS HEALTHCARE 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 order 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 filing and serving a record of appeal within 30 days. Despite being served with notice for directions and having ample opportunity to comply, the appellant neither filed the required documents nor appeared to explain the non-compliance. The absence of any explanation or effort to comply led the court to conclude that there was no justification for keeping 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.
- The file is closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
AT THE HIGH COURT OF KENYA AT SIAYA
CIVIL APPEAL NO. 13 OF 2019
BLIS GVS HEALTHCARE 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. Parties were called out, absent. The parties were served with today’s date 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 parties’ advocates. To date, there is no compliance with the said orders.
3. In the absence of the Appellant’s counsel to explain reasons for non-compliance with court orders, I have no reason to keep this appeal pending.
4. I hereby dismiss this appeal for non-compliance with court orders of 11th July 2019. File is closed.
5. Orders accordingly.
Dated, signed and Delivered at Siaya, this 4th Day of November, 2019
R.E. ABURILI
JUDGE