[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
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Eldodril Holdings Limited & 2 others
Appellant
Timothy Odhiambo Odende
Respondent
Procedural Posture
Civil Appeal / Ruling on Notice of Motion for Want of Prosecution
Legal Issues
- 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.
Full Case Text
Judgment text and source record
17 paragraphs
Eldodril Holdings Limited & 2 others v Odende (Civil Appeal 127 of 2019) [2024] KEHC 8537 (KLR) (16 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8537 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal 127 of 2019
MS Shariff, J
July 16, 2024
Between
Eldodril Holdings Limited & 2 others & 2 others & 2 others & 2 others
Appellant
and
Timothy Odhiambo Odende
Respondent
Ruling
1. The Appellants’ notice of motion dated 21. 6.2024 is hereby dismissed for want of prosecution.
2. This file is marked as closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 16TH DAY OF JULY, 2024. M. S. SHARIFFJUDGE