[2017] KEELC 739 (KLR)

[2017] KEELC 739 (KLR)

The court found that proper notice of the hearing for dismissal had been issued to the parties, but none attended court on the scheduled date. In accordance with Order 42 Rule 35(2) of the Civil Procedure Rules, which empowers the court to dismiss an appeal for want of prosecution where parties fail to attend, the...

Source-derived case information.

Citation
[2017] KEELC 739 (KLR)
Parties
Appellant: Dedican Nthiga Ntwero; Respondent: Vincent Mutugi Kimoro; Respondent: Geravasio Gacwe Kimoro; Respondent: Patrick Kithuru Kimoro
Court
Environment and Land Court
Court Station
Environment and Land Court at Chuka
Jurisdiction
Kenya
Case Number
Environment & Land Case 12 of 2017
Procedural Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
Outcome
appeal dismissed for want of prosecution
Judges
FM Njoroge
Legal Topics
Dismissal for Non Attendance, Appeals Procedure, Land Disputes
Source Language
en
Civil Procedure Land and Property Dismissal for Non Attendance Appeals Procedure Land Disputes

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dedican Nthiga Ntwero

Appellant

Vincent Mutugi Kimoro

Respondent

Geravasio Gacwe Kimoro

Respondent

Patrick Kithuru Kimoro

Respondent

Procedural Posture

Civil Appeal / Ruling on Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of prosecution under Order 42 Rule 35(2) of the Civil Procedure Rules.

Ratio Decidendi

The court found that proper notice of the hearing for dismissal had been issued to the parties, but none attended court on the scheduled date. In accordance with Order 42 Rule 35(2) of the Civil Procedure Rules, which empowers the court to dismiss an appeal for want of prosecution where parties fail to attend, the court exercised its discretion to dismiss the appeal. The absence of the parties and lack of prosecution justified the dismissal of the suit at this procedural stage.

Court Disposition

appeal dismissed for want of prosecution

Orders

  • The appeal is dismissed in terms of Order 42 Rule 35(2) of the Civil Procedure Rules.