[2024] KEHC 11400 (KLR)
The court found that since the appeal had been filed on 24th February 2020 and no steps had been taken to prosecute it, it was liable for dismissal for want of prosecution pursuant to Order 42 Rule 35(1) of the Civil Procedure Rules. The court exercised its discretion to dismiss the appeal to prevent unnecessary...
Source-derived case information.
- Citation
- [2024] KEHC 11400 (KLR)
- Parties
- Appellant: Crown Petroleum (K) Ltd; Defendant: Edgar Maritim and Patrick Kegode (Suing as Administrators, Dependants and on Behalf of the Dependants of Beatraice Makungu Kegode Deceased)
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 28 of 2020
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- Appeal dismissed for want of prosecution.
- Judges
- RN Nyakundi
- Legal Topics
- Dismissal for Want of Prosecution, Appeal Procedure, Order 42 Rule 35
- 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
Crown Petroleum (K) Ltd
Appellant
Edgar Maritim and Patrick Kegode (Suing as Administrators, Dependants and on Behalf of the Dependants of Beatraice Makungu Kegode Deceased)
Defendant
Procedural Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution under Order 42 Rule 35(1) of the Civil Procedure Rules.
Ratio Decidendi
The court found that since the appeal had been filed on 24th February 2020 and no steps had been taken to prosecute it, it was liable for dismissal for want of prosecution pursuant to Order 42 Rule 35(1) of the Civil Procedure Rules. 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 under Order 42 Rule 35(1) of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
17 paragraphs
Crown Petroleum (K) Ltd v Maritim & Kegode (Suing as Administrators, Dependants and on Behalf of the Dependants of Beatraice Makungu Kegode Deceased) (Civil Appeal 28 of 2020) [2024] KEHC 11400 (KLR) (1 October 2024) (Ruling)
Neutral citation: [2024] KEHC 11400 (KLR)
Republic of Kenya
In the High Court at Eldoret
Civil Appeal 28 of 2020
RN Nyakundi, J
October 1, 2024
Between
Crown Petroleum (K) Ltd
Appellant
and
Edgar Maritim and Patrick Kegode (Suing as Administrators, Dependants and on Behalf of the Dependants of Beatraice Makungu Kegode Deceased)
Defendant
Ruling
1. This appeal was filed way back on 24. 2.2020 and since then no steps has been taken to prosecute the same. An order is hereby issued to have it dismissed for want of prosecution contrary to Order 42 Rule 35 (1) of the Civil Procedure Rules.
2. This order was issued on 1st day of October, 2024
DATED, SIGNED AND DELIVERED AT ELDORET THIS 1ST DAY OF OCTOBER, 2024…………………………………….R. NYAKUNDIJUDGE