[2022] KEELC 2216 (KLR)
The appeal was dismissed because the appellant failed to comply with multiple court orders, including filing and serving the record of appeal and serving court orders on the respondents. Additionally, upon perusal of the lower court's judgment, the court found no sufficient grounds to interfere with the decree or...
Source-derived case information.
- Citation
- [2022] KEELC 2216 (KLR)
- Parties
- Appellant: Adan Galgalo Doyo; Respondent: Taditi Wario Duku; Respondent: Galgalo Issack; Respondent: Guyo Issack
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E003 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Admission and Compliance With Court Orders
- Outcome
- appeal summarily rejected
- Judges
- PM Njoroge
- Legal Topics
- Appeal Dismissal, Non Compliance With Court Orders, Summary Rejection, Land Dispute Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Adan Galgalo Doyo
Appellant
Taditi Wario Duku
Respondent
Galgalo Issack
Respondent
Guyo Issack
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Admission and Compliance With Court Orders
Legal Issues
- 1 Whether the appellant complied with court orders regarding service and filing of the record of appeal.
- 2 Whether there are sufficient grounds to interfere with the decree or orders appealed against.
Ratio Decidendi
The appeal was dismissed because the appellant failed to comply with multiple court orders, including filing and serving the record of appeal and serving court orders on the respondents. Additionally, upon perusal of the lower court's judgment, the court found no sufficient grounds to interfere with the decree or orders appealed against. The court exercised its discretion to summarily reject the appeal both for procedural default and lack of merit on the substance of the appeal.
Court Disposition
appeal summarily rejected
Orders
- This appeal is summarily rejected.
- No order as to costs.
Full Case Text
Judgment text and source record
28 paragraphs
Doyo v Duku & 2 others (Environment and Land Appeal E003 of 2022) [2022] KEELC 2216 (KLR) (27 June 2022) (Ruling)
Neutral citation: [2022] KEELC 2216 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment and Land Appeal E003 of 2022
PM Njoroge, J
June 27, 2022
Between
Adan Galgalo Doyo
Appellant
and
Taditi Wario Duku
1st Respondent
Galgalo Issack
2nd Respondent
Guyo Issack
3rd Respondent
Ruling
1. This matter was filed on 11th March, 2022.
2. The Intended Appeal has not been admitted.
3. On 14/3/2021 the intended appellant was directed serve the suit documents upon the intended respondents within 14 days. He was also directed to file a record of appeal within 30 days and to also to serve upon the respondents the orders issued by the court within 14 days.
4. When the intended appellant came to court on 6/6/2022, he had not obeyed any of the orders issued by the court on 14/3/2021.
5. He was directed to file a record of Appeal within 30 days and to serve this court’s orders upon the intended respondents within 14 days. The parties were directed to come to court on 27/6/2022.
6. On 27/6/2022, the intended appellant did not come to court. There was no evidence that he had served the intended respondents as directed by the court. He had also not filed a record of appeal.
7. For disobediences- of the orders of this court, this appeal merits dismissal. I will, however, dismiss it on another ground.
8. I have perused the Judgement delivered by Honourable M.S. Kimani, Principal Magistrate, Moyale, on 13/1/2022. I find that there is no sufficient ground for interfering with the decree, part of the resultant decree or orders being appealed against.
9. In the circumstances, I issue the following orders:a.This appeal is summarily rejected.b.I award no costs.
WRITTEN AND DELIVERED IN OPEN COURT AT ISIOLO THIS 27TH DAY OF JUNE, 2022 IN THE PRESENCE OF:Court Assistant: BaloziParties not in courtHON. JUSTICE P M NJOROGEJUDGE