https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3344
The appellant failed to file and serve the record of appeal despite repeated opportunities and adjournments, and the court found the appellant unwilling to prosecute the appeal; the appeal was therefore dismissed under Order 42 rule 35 with costs.
Source-derived case information.
- Citation
- [2026] KEELC 3344 (KLR)
- Parties
- Appellant: Car Wash Den Limited (Suing Through One of the Directors Samuel Kimani Karanja); 1st Respondent: Joseph Mwangi Njoroge; 2nd Respondent: Francis Karanja Njoroge; 3rd Respondent: Stephen Githaiga
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E017 of 2025
- Procedural Posture
- Environment and Land Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- Appeal dismissed with costs to the respondents and the interested party.
- Judges
- ["MN Gicheru"]
- Legal Topics
- Dismissal of Appeal, Failure to File Record of Appeal, Want of Prosecution, Order 42 Rule 35 Civil Procedure Rules, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Car Wash Den Limited (Suing Through One of the Directors Samuel Kimani Karanja)
Appellant
Joseph Mwangi Njoroge
1st Respondent
Francis Karanja Njoroge
2nd Respondent
Stephen Githaiga
3rd Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for failure to file and serve the record of appeal.
- 2 Whether the appellant had prosecuted the appeal with due diligence.
Ratio Decidendi
The appellant failed to file and serve the record of appeal despite repeated opportunities and adjournments, and the court found the appellant unwilling to prosecute the appeal; the appeal was therefore dismissed under Order 42 rule 35 with costs.
Court Disposition
Appeal dismissed with costs to the respondents and the interested party.
Orders
- The appeal is dismissed under Order 42 rule 35 of the Civil Procedure Rules.
- Costs are awarded to the respondents and the interested party.
Full Case Text
Judgment text and source record
1 paragraphs
Car Wash Den Limited (Suing Through One of the Directors Samuel Kimani Karanja) v Njoroge & 2 others (Environment and Land Appeal E017 of 2025) [2026] KEELC 3344 (KLR) (28 May 2026) (Ruling) Neutral citation: [2026] KEELC 3344 (KLR) Republic of Kenya In the Environment and Land Court at Muranga Environment and Land Appeal E017 of 2025 MN Gicheru, J May 28, 2026 Between Car Wash Den Limited (Suing Through One of the Directors Samuel Kimani Karanja) Appellant and Joseph Mwangi Njoroge 1st Respondent Francis Karanja Njoroge 2nd Respondent Stephen Githaiga 3rd Respondent (Being an appeal from the Ruling of the learned Senior Resident Magistrate Hon. M.E. Analo in Murang’a C.M.C ELC Case No. E074 of 2025 delivered on 7 th May, 2025) Ruling Ruling 1.This Appeal has been pending before this Court since 12-5-2025 when the memorandum of appeal dated 9-5-2025 was filed. Since then, the record of appeal has not been filed. The matter has come up for mention on several occasions such as 1-12-2025, 23-2-2026, 30-4-2026 and today. On all the above mentioned dates, the Court has indulged the Appellants’ counsel giving him a chance to file and serve the record of appeal. A last adjournment was given on 30-4-2026, almost a month ago. The record of appeal is not yet filed and served. We are now being told that the Appellant’s counsel has lost touch with his clients and wishes to file an application to cease acting. He should have filed such an application much earlier.Having indulged the Appellants’ for such a long time and it being obvious that they are unwilling to prosecute their appeal, I dismiss the Appeal under Order 42 rule 35 of the Civil Procedure Rules with costs to the Respondents and the interested party. It is so ordered.DATED, SIGNED AND DELIVERED VIRTUALLY AT MURANG’A THIS 28TH DAY OF MAY, 2026.M.N. GICHERU JUDGE.