[2022] KEELC 12589 (KLR)
The appeal was dismissed because the appellant failed to take any steps to prosecute the appeal after filing it, despite being given multiple opportunities and clear directions by the court. The court emphasized that it is not a dumping ground for cases that parties do not intend to pursue, and that it is the...
Source-derived case information.
- Citation
- [2022] KEELC 12589 (KLR)
- Parties
- Appellant: Kadiro Tadicha Guyo; Respondent: Habiba Tadicha Guyo; Respondent: Yussuf Tadicha Guyo; Respondent: Halima Tadicha Guyo; Respondent: Abdiqadir Tadicha Guyo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 15 of 2021
- Procedural Posture
- Environment and Land Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- PM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kadiro Tadicha Guyo
Appellant
Habiba Tadicha Guyo
Respondent
Yussuf Tadicha Guyo
Respondent
Halima Tadicha Guyo
Respondent
Abdiqadir Tadicha Guyo
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution due to inaction by the appellant.
- 2 Whether the court should issue any orders as to costs.
Ratio Decidendi
The appeal was dismissed because the appellant failed to take any steps to prosecute the appeal after filing it, despite being given multiple opportunities and clear directions by the court. The court emphasized that it is not a dumping ground for cases that parties do not intend to pursue, and that it is the appellant's duty to move the appeal forward and serve the respondents. The repeated failure of both parties to attend court or comply with directions justified dismissal for want of prosecution. The court further exercised its discretion not to award costs, noting the absence of parties and lack of active litigation.
Court Disposition
appeal dismissed for want of prosecution
Orders
- This appeal is hereby dismissed.
- I issue no orders as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
Guyo v Guyo & 3 others (Environment and Land Appeal 15 of 2021) [2022] KEELC 12589 (KLR) (26 September 2022) (Ruling)
Neutral citation: [2022] KEELC 12589 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment and Land Appeal 15 of 2021
PM Njoroge, J
September 26, 2022
Between
Kadiro Tadicha Guyo
Appellant
and
Habiba Tadicha Guyo
1st Respondent
Yussuf Tadicha Guyo
2nd Respondent
Halima Tadicha Guyo
3rd Respondent
Abdiqadir Tadicha Guyo
4th Respondent
Ruling
1. This appeal was filed on April 12, 2022. Since then, the proposed appellant has not moved the appeal in any way. He just dumped the proposed appeal in court and vanished. I opine that courts of law should not be dumping grounds for suits which are not meant to be litigated by the parties. Such dumping shenanigans and contrivances have contributed to unwarranted backlog of cases.
2. On January 25, 2022, I directed that notice be issued for the parties to come to court for directions on May 9, 2022.
3. On May 9, 2022, the parties did not come to court. I directed that notice be issued for the parties to come to court for directions on June 20, 2022. On June 20, 2022 the parties did not come to court. I directed that notice be issued for the intended appellant to set the case down for hearing within 3 months and for the parties to come to court for directions on September 26, 2022. I declared that the parties were being granted a last chance. The court is aware that it is the responsibility of the appellant to serve the respondents.
4. Courts cannot issue orders in vain. On September 26, 2022, I granted the appellant a last chance. In the circumstances, I issue the following orders;a.This appeal is hereby dismissed.b.I issue no orders as to costs.
DELIVERED IN OPEN COURT AT ISIOLO THIS 26TH DAY OF SEPTEMBER,2022 IN THE PRESENCE OF:Court Assistant: BaloziParties not in court.HON. JUSTICE P.M NJOROGEJUDGE