[2022] KEELC 14754 (KLR)
The court found that the appellant failed to comply with explicit court orders to file and serve a record of appeal within the prescribed period and repeatedly failed to attend scheduled court sessions despite being given multiple opportunities. The explanation initially given for non-compliance was found to be...
Source-derived case information.
- Citation
- [2022] KEELC 14754 (KLR)
- Parties
- Plaintiff: Hassan Dabaso Duba; Defendant: Catholic Diocese of Marsabit
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E001 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Appeal for Non Compliance With Court Orders
- Outcome
- appeal dismissed for non-compliance and want of prosecution
- Judges
- PM Njoroge
- Legal Topics
- Appeal Dismissal, Non Compliance With Court Orders, Record of Appeal Filing, Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hassan Dabaso Duba
Plaintiff
Catholic Diocese of Marsabit
Defendant
Procedural Posture
Environment and Land Case / Ruling on Appeal for Non Compliance With Court Orders
Legal Issues
- 1 Whether the appellant complied with court orders to file and serve a record of appeal within the stipulated time.
- 2 Whether repeated non-attendance by parties and failure to comply with court directions warrants dismissal of the appeal.
Ratio Decidendi
The court found that the appellant failed to comply with explicit court orders to file and serve a record of appeal within the prescribed period and repeatedly failed to attend scheduled court sessions despite being given multiple opportunities. The explanation initially given for non-compliance was found to be untrue. The court emphasized that its orders must be respected and that continued disregard for procedural requirements and court directions cannot be tolerated. Consequently, the appeal was dismissed for want of prosecution and non-compliance with court orders, with no order as to costs.
Court Disposition
appeal dismissed for non-compliance and want of prosecution
Orders
- This appeal is dismissed.
- No costs are awarded.
Full Case Text
Judgment text and source record
21 paragraphs
Duba v Catholic Diocese of Marsabit (Environment & Land Case E001 of 2022) [2022] KEELC 14754 (KLR) (14 November 2022) (Ruling)
Neutral citation: [2022] KEELC 14754 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case E001 of 2022
PM Njoroge, J
November 14, 2022
Between
Hassan Dabaso Duba
Plaintiff
and
Catholic Diocese of Marsabit
Defendant
Ruling
1. On 16/5/2022 Advocate Miss Nyasani who was holding brief for M. Korogo for the appellant told the court that the appellant had not filed a record of appeal because he could not access the court file concerning the proceedings in the lower court due to insecurity at Marsabit.The explanation was plainly untrue as the court was aware that litigants were able to access Marsabit Law Courts.
2. The court issued the following orders;a.The appellant to file and serve a record of Appeal within 30 days of today.b.Directions on 18/7/2022.
3. On 18/7/2022, the parties were not in court. The court issued the following order;a.Notice to issue for parties to come to court for directions on October 24, 2022.
4. On October 24, 2022, the parties were not in court. The court issued the following order;a.Notice to be issued, to give the parties a final chance, for them to come to court for directions in November 14, 2022.
5. On November 14, 2022 the parties were not in court despite several court orders having been issued. Court orders ought not to be issued in vain. There should be consequences for disobedience of court orders.
6. In the circumstances, the following orders are issued;a.This appeal is dismissed.b.No costs are awarded.
DELIVERED IN OPEN COURT AT ISIOLO THIS 14TH DAY OF NOVEMBER, 2022 IN THE PRESENCE OF;Court assistant: BaloziParties not in courtHON. JUSTICE P.M NJOROGEJUDGE