[2014] KEHC 4859 (KLR)
The court found that the application for leave to appeal out of time had not been prosecuted for over a year, and there was no appearance or opposition from the intended appellant. This demonstrated a lack of interest in pursuing the application. To prevent unnecessary delay and abuse of the court process, the court...
Source-derived case information.
- Citation
- [2014] KEHC 4859 (KLR)
- Parties
- Appellant: Emarti Ole Narau Group Ranch; Respondent: Sewani Ole Nkushu Naroki; Respondent: Nchosiya Ole Leboi; Respondent: Ntiyani Ole Leponyo; Respondent: Aikanae Ole Sapuru; Respondent: Rancho Ole Mardadi
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 50 of 2013
- Procedural Posture
- Civil Appeal / Ruling on Application to Dismiss for Want of Prosecution
- Outcome
- application dismissed for want of prosecution
- Judges
- LN Mutende
- Legal Topics
- Dismissal for Want of Prosecution, Leave to Appeal Out of Time, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emarti Ole Narau Group Ranch
Appellant
Sewani Ole Nkushu Naroki
Respondent
Nchosiya Ole Leboi
Respondent
Ntiyani Ole Leponyo
Respondent
Aikanae Ole Sapuru
Respondent
Rancho Ole Mardadi
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Dismiss for Want of Prosecution
Legal Issues
- 1 Whether the application for leave to appeal out of time should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the application for leave to appeal out of time had not been prosecuted for over a year, and there was no appearance or opposition from the intended appellant. This demonstrated a lack of interest in pursuing the application. To prevent unnecessary delay and abuse of the court process, the court exercised its discretion to allow the respondents' application and dismissed the pending application for want of prosecution. Costs were awarded to the respondents.
Court Disposition
application dismissed for want of prosecution
Orders
- The Notice of Motion dated 25th March, 2013 is dismissed for want of prosecution.
- Costs of the application shall be to the respondent in any event.
Full Case Text
Judgment text and source record
22 paragraphs
No.285/2014
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CIVIL APPEAL NO. 50 OF 2013
EMARTI OLE NARAU GROUP RANCH……APPELLANT/RESPONDENT
VERSUS
SEWANI OLE NKUSHU NAROKI…....……1ST RESPONDENT/APPLICANT
NCHOSIYA OLE LEBOI……………………2ND RESPONDENT/APPLICANT
NTIYANI OLE LEPONYO………………..…3RD RESPONDENT/APPLICANT
AIKANAE OLE SAPURU………….…………4TH RESPONDENT/APPLICANT
RANCHO OLE MARDADI ...........................5TH RESPONDENT/APPLICANT
RULING
Judgment was entered in Kajiado PMCC No. 161 of 2010 on the 29th November, 2012. In the matter the aggrieved party, the defendant in the Lower Court failed to appeal within the prescribed time. Consequently, by an application dated 25th March, 2013, it sought leave of the court to appeal against the decision of the court out of time. It filed a Memorandum of Appeal that it intended to seek leave of the court to deem it duly filed.
The application having not been prosecuted, the respondents filed a Notice of Motion dated 12th March 2014. They sought this court’s order dismissing the application for want of prosecution.
The application is premised on grounds that; a year down the line the application for leave has not been set down for hearing therefore there is no appeal.
The application was not opposed. similarly there was no appearance on the part of the respondent (intended appellant)
Having considered the application, I find it having merit. In the premises I do allow the application. The Notice of Motion dated 25th March, 2013 be and is hereby dismissed for want of prosecution
Costs of the application shall be to the respondent in any event.
It is so ordered.
DATED, SIGNED and DELIVEREDat MACHAKOSthis 23THday of MAY, 2014.
L.N. MUTENDE
JUDGE