https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7740
The court found, on the basis of the affidavit of service dated 13/3/2026, that the appellant had been duly served and was aware of the hearing date; because there was no appearance or response, the court held that the appeal had been abandoned and dismissed it for want of prosecution with costs.
Source-derived case information.
- Citation
- [2026] KEHC 7740 (KLR)
- Parties
- Appellant: DANIEL ONDWASI OTSYULA; 1st Respondent: ABDULALI SHARIFF JIRAJ & SONS LIMITED; 2nd Respondent: STEPHEN MURUNGA KUNDU
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E020 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Oral Application to Dismiss Appeal for Want of Prosecution
- Outcome
- Appeal dismissed for want of prosecution with costs to the respondents.
- Judges
- ["E Ominde"]
- Legal Topics
- Want of Prosecution, Service of Hearing Notice, Dismissal of Appeal, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DANIEL ONDWASI OTSYULA
Appellant
ABDULALI SHARIFF JIRAJ & SONS LIMITED
1st Respondent
STEPHEN MURUNGA KUNDU
2nd Respondent
Procedural Posture
Civil Appeal / Ruling on Oral Application to Dismiss Appeal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution
- 2 Whether the appellant had been duly served with notice of hearing
- 3 Whether the appellant had lost interest in the appeal
Ratio Decidendi
The court found, on the basis of the affidavit of service dated 13/3/2026, that the appellant had been duly served and was aware of the hearing date; because there was no appearance or response, the court held that the appeal had been abandoned and dismissed it for want of prosecution with costs.
Court Disposition
Appeal dismissed for want of prosecution with costs to the respondents.
Orders
- The oral application to dismiss the appeal was allowed.
- The appeal is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BUNGOMA** **CIVIL APPEAL NO. E020 OF 2023** **DANIEL ONDWASI OTSYULA ……….…………………..….… APPELLANT** **VERSUS** **ABDULALI SHARIFF JIRAJ & SONS LIMITED.….…… 1ST RESPONDENT** **STEPHEN MURUNGA KUNDU ……………………….…. 2ND RESPONDENT** **RULING** 1. The Respondent herein moved this court by way of oral Application praying the Appeal herein be dismissed with costs to the respondent. 2. He states that the Appellant has not filed Submissions and is unable to Respond. He states that he served the firm of Lukoye and even the firm of Ms. Ndalila with a hearing Notice for today. There has been no response to that even as this morning even in the CTS. He states that it is therefore obvious that they have lost interest in this appeal. They oppose the Appeal and given the circumstances they pray that it be dismissed with costs to the Respondent. 3. Having perused the affidavit of service dated 13/3/2026 and being satisfied that the Appellant was duly served and is aware of today’s date, I allow the Respondent’s application seeking that the Appeal be dismissed. 4. Accordingly, the Appeal herein is now hereby dismissed for want of Prosecution with costs to the Respondents and this file is closed. **Read Dated and Signed at BUNGOMA on 11th day of May, 2026** **E. OMINDE** **JUDGE**