[2024] KEHC 9317 (KLR)
The appeal was dismissed because the record of appeal was incomplete, making it impossible for the court to write a judgment or determine the merits of the case. The court also noted the prolonged inactivity (six years) and the previous dismissal for want of prosecution, indicating a lack of interest by the parties...
Source-derived case information.
- Citation
- [2024] KEHC 9317 (KLR)
- Parties
- Appellant: Ghanima Limited; Respondent: Martin Karanja Wamuti; Respondent: Jackline Wanjiku Wanjau; Respondent: Neo Westend Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 515 of 2018
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- JK Ng'arng'ar
- Legal Topics
- Dismissal for Want of Prosecution, Incomplete Record of Appeal, Referral to Arbitration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ghanima Limited
Appellant
Martin Karanja Wamuti
Respondent
Jackline Wanjiku Wanjau
Respondent
Neo Westend Limited
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appeal can be determined in the absence of a complete record of appeal.
- 2 Whether the dismissal of the application to refer the dispute to arbitration was proper.
- 3 Whether the appeal should be dismissed for want of prosecution.
Ratio Decidendi
The appeal was dismissed because the record of appeal was incomplete, making it impossible for the court to write a judgment or determine the merits of the case. The court also noted the prolonged inactivity (six years) and the previous dismissal for want of prosecution, indicating a lack of interest by the parties in pursuing the matter. In these circumstances, the court found no basis to sustain the appeal and dismissed it with no orders as to costs.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
Ghanima Limited v Wamuti & 2 others (Civil Appeal 515 of 2018) [2024] KEHC 9317 (KLR) (Civ) (25 July 2024) (Judgment)
Neutral citation: [2024] KEHC 9317 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal 515 of 2018
JK Ng'arng'ar, J
July 25, 2024
Between
Ghanima Limited
Appellant
and
Martin Karanja Wamuti
1st Respondent
Jackline Wanjiku Wanjau
2nd Respondent
Neo Westend Limited
3rd Respondent
(An appeal from the ruling and order of the Chief Magistrate’s Court at Nairobi (D.A. Ocharo, SRM.) delivered on 26th September 2018 in CMCC No. 4443 of 2018)
Judgment
1. It is to be noted that judgment is arising from the dismissal of the appellant’s application seeking to refer the dispute to arbitration. However, the record of appeal is incomplete as the ruling and proceedings are incomplete. I am thus unable to write a judgment. It has been six years. Are the parties willing to negotiate the matter? Are the parties still interested in the matter? The suit was previously dismissed for want of prosecution. In the light of the obtaining position the appeal herein is dismissed with no orders as to costs.
**DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 25TH DAY OF JULY, 2024. **………………J.K. NG’ARNG’AR, HSCJUDGEIn the presence of:-Kinyanjui for the AppellantNo appearance for the RespondentCourt Assistant- Peter Ong’idi