[2020] KEELC 2181 (KLR)
The court found that the applicant failed to prosecute the application for stay of execution as no submissions were filed despite directions. In the absence of any other mode of disposal, the court exercised its discretion to dismiss the application for want of prosecution, emphasizing the necessity for applicants...
Source-derived case information.
- Citation
- [2020] KEELC 2181 (KLR)
- Parties
- Respondent: Gabriel G. Odhiambo; Applicant: Wilson Chepkwony
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 1 of 2018
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Stay of Execution, Appeal Procedure, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gabriel G. Odhiambo
Respondent
Wilson Chepkwony
Applicant
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the application for stay of execution pending appeal should be granted.
- 2 Whether failure to prosecute the application warrants its dismissal.
Ratio Decidendi
The court found that the applicant failed to prosecute the application for stay of execution as no submissions were filed despite directions. In the absence of any other mode of disposal, the court exercised its discretion to dismiss the application for want of prosecution, emphasizing the necessity for applicants to actively pursue their applications for relief.
Court Disposition
application dismissed for want of prosecution
Orders
- The application dated 20/11/2019 is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KITALE
ELC APPEAL NO. 1 OF 2018
GABRIEL G. ODHIAMBO.................................................................RESPONDENT
VERSUS
WILSON CHEPKWONY........................................................................APPLICANT
RULING
1. The applicant filed a motion dated 20/11/2019 and filed in court on 22/11/2019 seeking the following orders:
(a) …spent
(b) …spent
(c) That there be stay of execution of the judgment of this court in Kitale HC Appeal No. 1 of 2018 delivered on 30/9/2019 and all its consequential orders pending the hearing and determination of the appeal.
(d) Costs be in the cause.
2. The grounds upon which the application is sought are that the applicant being aggrieved and dissatisfied with the judgment of the court there is need for an order of stay of execution of the decree/judgment pending the hearing and determination of the appeal; that unless the orders of stay of execution are granted, the said appeal will be rendered nugatory; that the applicant’s appeal has very high chance of success and that it is just and expedient that this application be allowed as prayed.
3. The application is brought under the provisions of Section 3A and 34 of the Civil Procedure Act, Orders 45 Rule 6(1) and Order 9 Rule 10 of the Civil Procedure Rules.
4. The application is supported by the sworn affidavit of the applicant dated 20/11/2019.
5. On 3/12/2019 this court ordered submissions to be filed in the matter and scheduled for a mention on 30/1/2020. The respondent file submissions on 9/1/2020. The applicant did not file any submissions.
6. There having no other mode provided for disposal of the application dated 20/11/2019 I find that the said application has not been prosecuted and I hereby dismiss it for want of prosecution.
Dated, signedanddelivered via TeleconferenceatNairobi on this 7th day of May, 2020.
MWANGI NJOROGE
JUDGE
Ruling read in the absence of the parties who had been notified and invited to attend.
MWANGI NJOROGE
JUDGE