[2023] KEHC 4015 (KLR)
The court found that since the appeal was filed in 2021 and no action had been taken by the appellant to prosecute it, and the last court appearance was on May 16, 2022, the appeal warranted dismissal for want of prosecution. The court exercised its discretion to dismiss the appeal to prevent unnecessary delay and...
Source-derived case information.
- Citation
- [2023] KEHC 4015 (KLR)
- Parties
- Appellant: County Government of Kisumu; Respondent: Majok Construction Company Ltd
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E028 of 2021
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- RE Aburili
- Legal Topics
- Dismissal for Want of Prosecution, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
County Government of Kisumu
Appellant
Majok Construction Company Ltd
Respondent
Procedural Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution.
Ratio Decidendi
The court found that since the appeal was filed in 2021 and no action had been taken by the appellant to prosecute it, and the last court appearance was on May 16, 2022, the appeal warranted dismissal for want of prosecution. The court exercised its discretion to dismiss the appeal to prevent unnecessary delay and ensure the efficient administration of justice.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed for want of prosecution.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
County Government of Kisumu v Majok Construction Company Ltd (Civil Appeal E028 of 2021) [2023] KEHC 4015 (KLR) (3 May 2023) (Ruling)
Neutral citation: [2023] KEHC 4015 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal E028 of 2021
RE Aburili, J
May 3, 2023
Between
County Government of Kisumu
Applicant
and
Majok Construction Company Ltd
Respondent
Ruling
1. This appeal was filed in 2021 and todate, no action has been taken by the Appellant to have the appeal prosecuted.
2. The last time it was in court before Deputy Registrar was on May 16, 2022.
3. The appeal is hereby dismissed for want of prosecution.
4. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF MAY, 2023R. E. ABURILIJUDGE