[2024] KEELC 3345 (KLR)
The appeal was dismissed because the appellant failed to comply with the court's directive to serve the suit documents upon the respondent within the stipulated period. The court emphasized that its orders must be respected and not issued in vain. As there was no evidence of service or respondent's awareness of the...
Source-derived case information.
- Citation
- [2024] KEELC 3345 (KLR)
- Parties
- Appellant: Hassan Golicha; Respondent: Ali Adi Kala
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 007 of 2021
- Procedural Posture
- Environment and Land Appeal / Ruling on Compliance With Service Directions
- Outcome
- appeal dismissed for non-compliance with court orders
- Judges
- PM Njoroge
- Legal Topics
- Service of Process, Appeal Dismissal, Court Orders Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hassan Golicha
Appellant
Ali Adi Kala
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Compliance With Service Directions
Legal Issues
- 1 Whether the appellant complied with the court's order to serve suit documents upon the respondent within the stipulated time.
- 2 Whether the appeal should be dismissed for non-compliance with court orders.
Ratio Decidendi
The appeal was dismissed because the appellant failed to comply with the court's directive to serve the suit documents upon the respondent within the stipulated period. The court emphasized that its orders must be respected and not issued in vain. As there was no evidence of service or respondent's awareness of the suit, the court found it appropriate to dismiss the appeal for want of prosecution and non-compliance with its orders. No order as to costs was made.
Court Disposition
appeal dismissed for non-compliance with court orders
Orders
- This appeal is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Golicha v Kala (Environment and Land Appeal 007 of 2021) [2024] KEELC 3345 (KLR) (22 April 2024) (Ruling)
Neutral citation: [2024] KEELC 3345 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment and Land Appeal 007 of 2021
PM Njoroge, J
April 22, 2024
Between
Hassan Golicha
Appellant
and
Ali Adi Kala
Respondent
Ruling
1. This appeal was filed on 5th February, 2024.
2. On 26/4/2024 the appellant was directed to serve the suit documents upon the respondent within 14 days of that date. The parties were to come to court for directions on 22/4/2024.
3. There is no evidence that the appellant served the suit documents upon the respondent within the time stipulated by the court. There is no evidence that the respondent is aware of this suit.
4. I opine that court orders should not be seen to be issued in vain.
5. In the circumstances the following orders are issued;a.This appeal is dismissed.b.There is no order as to costs.
DELIVERED IN OPEN COURT AT ISIOLO THIS 22ND DAY OF APRIL, 2024HON. JUSTICE P.M NJOROGEJUDGEIn The Presence Of:Court assistant: Balozi/Rahma