[2024] KEHC 8537 (KLR)

[2024] KEHC 8537 (KLR)

The court found that the appellants failed to prosecute their notice of motion dated 21.6.2024. There was no action taken to progress the application, and no explanation was provided for the delay. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the application for want of...

Source-derived case information.

Citation
[2024] KEHC 8537 (KLR)
Parties
Appellant: Eldodril Holdings Limited & 2 others; Respondent: Timothy Odhiambo Odende
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Appeal 127 of 2019
Procedural Posture
Civil Appeal / Ruling on Notice of Motion for Want of Prosecution
Outcome
application dismissed for want of prosecution; file closed
Judges
MS Shariff
Legal Topics
Dismissal for Want of Prosecution, Appeal Procedure, Case Management
Source Language
en
Civil Procedure Dismissal for Want of Prosecution Appeal Procedure Case Management

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Parties

Eldodril Holdings Limited & 2 others

Appellant

Timothy Odhiambo Odende

Respondent

Procedural Posture

Civil Appeal / Ruling on Notice of Motion for Want of Prosecution

  1. 1 Whether the appellants' notice of motion dated 21.6.2024 should be dismissed for want of prosecution.

Ratio Decidendi

The court found that the appellants failed to prosecute their notice of motion dated 21.6.2024. There was no action taken to progress the application, and no explanation was provided for the delay. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the application for want of prosecution to prevent abuse of court process and ensure expeditious disposal of cases.

Court Disposition

application dismissed for want of prosecution; file closed

Orders

  • The appellants’ notice of motion dated 21.6.2024 is dismissed for want of prosecution.
  • This file is marked as closed.