[2019] KEHC 824 (KLR)
The appeal was dismissed because the appellant failed to comply with the court's directions issued on 11th July 2019, specifically the requirement to file and serve the record of appeal within 30 days. Despite being served with notice, the appellant took no steps to prosecute the appeal or appear in court. The court...
Source-derived case information.
- Citation
- [2019] KEHC 824 (KLR)
- Parties
- Appellant: Duncan Mwakiriti Mbole; Respondent: Collins Onyango
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 8 of 2019
- Procedural Posture
- Civil Appeal / Ruling on Compliance With Directions; Dismissal for Non Prosecution
- Outcome
- appeal dismissed for non-compliance and non-prosecution
- Judges
- RE Aburili
- Legal Topics
- Appeal Dismissal, Non Compliance With Court Orders, Burial Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duncan Mwakiriti Mbole
Appellant
Collins Onyango
Respondent
Procedural Posture
Civil Appeal / Ruling on Compliance With Directions; Dismissal for Non Prosecution
Legal Issues
- 1 Whether the appellant complied with the court's directions to file and serve the record of appeal within the stipulated period.
- 2 Whether the appeal should be dismissed for non-compliance and non-prosecution.
Ratio Decidendi
The appeal was dismissed because the appellant failed to comply with the court's directions issued on 11th July 2019, specifically the requirement to file and serve the record of appeal within 30 days. Despite being served with notice, the appellant took no steps to prosecute the appeal or appear in court. The court found that there was no justification for the delay or non-compliance, and that the appellant had also failed to prosecute an earlier application for conservatory orders, which had already been dismissed for non-attendance. The cumulative effect of these failures justified dismissal of the appeal for want of prosecution and non-compliance with court orders.
Court Disposition
appeal dismissed for non-compliance and non-prosecution
Orders
- The appeal is dismissed for non-compliance with the orders and directions of 11th July 2019.
- No orders as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CIVIL APPEAL NO. 8 OF 2019
DUNCAN MWAKIRITI MBOLE................................................APPELANT
VERSUS
COLLINS ONYANGO............................................................RESPONDENT
(Appeal from the judgment and decree of Siaya Principal Magistrate’s Court Civil Suit No. 13 of 2019 delivered on 14th March 2019 by Hon. J.O. Ong’ondo, Principal Magistrate)
RULING
1. It is now 9:30 a.m. Parties called out, absent. The appeal was admitted to hearing on 11. 7.2019 and the appellant was directed to file and serve the Respondent with a record of appeal within 30 days. Those directions have not been complied with despite service of notice on 17. 7.2019 as per the Affidavit of Service dated 19. 7.2019 of Rosemary Odera, effecting service of notice dated 16. 7.2019.
2. The Court also observes that this appeal involves a burial dispute and that it was filed under certificate of urgency with the applicant seeking for conservatory orders but he never appeared to prosecute the application dated 21. 3.2019 which was dismissed for non-attendance to prosecute on 3. 4.2019.
3. Accordingly, I hereby dismiss this appeal for non-compliance with the orders and directions of 11. 7.2019 with no orders as to costs.
4. Orders Accordingly.
Dated, Signed and Delivered at Siaya this 4th Day of November, 2019.
R.E. ABURILI
JUDGE