[2020] KEHC 8940 (KLR)
The court found that the appellant failed to file the record of appeal and submissions as directed by the court on 14/11/19. In accordance with the court's directions, the appeal stood dismissed by 5/12/2019 due to non-compliance. The court therefore ordered the appeal dismissed and the file closed.
Source-derived case information.
- Citation
- [2020] KEHC 8940 (KLR)
- Parties
- Appellant: Catherine Gatwiri; Respondent: Peter Mwenda Karaai
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 69 of 2016
- Procedural Posture
- Criminal Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- A Mabeya
- Legal Topics
- Appeal Dismissal, Failure to Prosecute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Gatwiri
Appellant
Peter Mwenda Karaai
Respondent
Procedural Posture
Criminal Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for failure to file the record of appeal and submissions as directed by the court.
Ratio Decidendi
The court found that the appellant failed to file the record of appeal and submissions as directed by the court on 14/11/19. In accordance with the court's directions, the appeal stood dismissed by 5/12/2019 due to non-compliance. The court therefore ordered the appeal dismissed and the file closed.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed for failure to file the record of appeal and submissions as directed.
- File closed.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
HIGH COURT CRIMINAL CASE NO 69 OF 2016
CATHERINE GATWIRI ..................APPELLANT
VERSUS
PETER MWENDA KARAAI ........RESPONDENT
R U L I N G
1. When I retired to write the judgement on 03/01/2020, the record of Appeal had not been filed. No submissions had been filed. By dint of the directions of this Court made on 14/11/19, the appeal stood dismissed by the 5/12/2019. Orders accordingly.
2. File closed.
A. MABEYA
JUDGE
30/1/2020