[2017] KEHC 6502 (KLR)

[2017] KEHC 6502 (KLR)

The court found that the appellants failed to fulfill their statutory obligation to prosecute the appeal by not taking steps to move it forward as required under Order 42 Rule 11 of the Civil Procedure Rules. The delay was inordinate and attributable to the appellants, and it was a misconception for them to blame the court or respondent. However, guided by the constitutional imperative to determine cases on merit and considering that the record of appeal was ready, the court opted for a pragmatic approach. The court declined to dismiss the appeal, instead issuing directions to expedite its hearing while penalizing the appellants with costs for the delay. This approach balanced the rights...

Citation
[2017] KEHC 6502 (KLR)
Parties
Appellant: Gitari Gitonga; Appellant: B.O.G. Egoji Teachers College; Respondent: Sammy Wachira Wachuka
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
27 March 2017
Case Number
Civil Appeal 67 of 2008
Procedural Posture
Civil Appeal / Ruling on Application for Dismissal for Want of Prosecution
Outcome
Application for dismissal for want of prosecution dismissed; directions issued for expeditious hearing; costs awarded against appellants.
Judges
F Gikonyo
Legal Topics
Dismissal for Want of Prosecution, Inordinate Delay, Appellate Obligations, Case Management
Source Language
English
Civil Procedure Dismissal for Want of Prosecution Inordinate Delay Appellate Obligations Case Management

Case Brief

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Parties

Gitari Gitonga

Appellant

B.O.G. Egoji Teachers College

Appellant

Sammy Wachira Wachuka

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of prosecution due to inordinate delay by the appellants.
  2. 2 Whether the delay in prosecuting the appeal is excusable under the Civil Procedure Rules.
  3. 3 Whether substantive justice can still be achieved despite the delay.

Ratio Decidendi

The court found that the appellants failed to fulfill their statutory obligation to prosecute the appeal by not taking steps to move it forward as required under Order 42 Rule 11 of the Civil Procedure Rules. The delay was inordinate and attributable to the appellants, and it was a misconception for them to blame the court or respondent. However, guided by the constitutional imperative to determine cases on merit and considering that the record of appeal was ready, the court opted for a pragmatic approach. The court declined to dismiss the appeal, instead issuing directions to expedite its hearing while penalizing the appellants with costs for the delay. This approach balanced the rights...

Court Disposition

Application for dismissal for want of prosecution dismissed; directions issued for expeditious hearing; costs awarded against appellants.

Orders

  • Appellant shall, within 45 days, prepare and serve the record of appeal.
  • Appellant shall, together with the record of appeal, file and serve written submissions; respondents to file and serve submissions within 21 days thereof.