[2025] KEHC 618 (KLR)
The court found that the appellants failed to comply with procedural requirements as the application served on the respondent was neither signed nor the supporting affidavit commissioned. Additionally, there was no appearance for the appellants at the hearing. These defects rendered both the application and the...
Source-derived case information.
- Citation
- [2025] KEHC 618 (KLR)
- Parties
- Appellant: Gitonga Ngore Edward; Appellant: Geoffrey Kamau; Respondent: Peter Ndirangu Wahome (Suing as the legal representative of the Estate of Lucy Seben - Deceased)
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E045 of 2024
- Procedural Posture
- Civil Appeal / Ruling on Application and Appeal
- Outcome
- application and appeal dismissed
- Judges
- AN Ongeri
- Legal Topics
- Appeal Dismissal, Service of Process, Non Appearance, Application Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gitonga Ngore Edward
Appellant
Geoffrey Kamau
Appellant
Peter Ndirangu Wahome (Suing as the legal representative of the Estate of Lucy Seben - Deceased)
Respondent
Procedural Posture
Civil Appeal / Ruling on Application and Appeal
Legal Issues
- 1 Whether the application and appeal should be dismissed due to procedural defects and non-appearance by the appellants.
Ratio Decidendi
The court found that the appellants failed to comply with procedural requirements as the application served on the respondent was neither signed nor the supporting affidavit commissioned. Additionally, there was no appearance for the appellants at the hearing. These defects rendered both the application and the appeal fatally defective, warranting their dismissal. The court exercised its discretion to dismiss both matters and ordered the original file to be returned to the trial court, marking the file as closed.
Court Disposition
application and appeal dismissed
Orders
- The application dated 31st May 2024 is dismissed.
- The appeal is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
Edward & another v Wahome ((Suing as the legal representative of the Estate of Lucy Seben - Deceased)) (Civil Appeal E045 of 2024) [2025] KEHC 618 (KLR) (16 January 2025) (Ruling)
Neutral citation: [2025] KEHC 618 (KLR)
Republic of Kenya
In the High Court at Voi
Civil Appeal E045 of 2024
AN Ongeri, J
January 16, 2025
Between
Gitonga Ngore Edward
1st Appellant
Geoffrey Kamau
2nd Appellant
and
Peter ndirangu Wahome
Respondent
(Suing as the legal representative of the Estate of Lucy Seben - Deceased)
Ruling
1. The Appellant’s Counsel was in court on 13th November 2024 and this court gave directions to the Appellant to serve the application dated 31st May 2024.
2. There is no appearance for the Appellant and the application served upon the Respondent is neither signed nor in the supporting affidavit commissioned.
3. I dismiss both the application and the appeal.
4. I direct that the original file be dispatched back to the trial court.
5. This file is consequently marked as closed.
DATED, SIGNED AND DELIVERED THIS 16TH DAY OF JANUARY 2025 VIRTUALLY AND IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Court Assistant: Maina/TrizahNo appearance for the ApplicantMr. Kimunya for the Respondent