[2018] KEHC 5878 (KLR)

[2018] KEHC 5878 (KLR)

The court found that the appellant had not taken any steps to prosecute the appeal and that the application for dismissal was not opposed. The advocate's wish to withdraw from acting for a client who is not interested in pursuing the appeal does not amount to sufficient cause to delay the matter. Consequently, the...

Source-derived case information.

Citation
[2018] KEHC 5878 (KLR)
Parties
Appellant: Hassan Oendo Bagwasi; Respondent: Edward Apima Dani
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Case Number
Civil Appeal 26 of 2015
Procedural Posture
Civil Appeal / Application for Dismissal for Want of Prosecution
Outcome
Appeal dismissed for want of prosecution with costs to the respondent.
Legal Topics
Dismissal for Want of Prosecution, Withdrawal of Advocate, Costs Award
Source Language
en
Civil Procedure Dismissal for Want of Prosecution Withdrawal of Advocate Costs Award

Source-derived case record

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Parties

Hassan Oendo Bagwasi

Appellant

Edward Apima Dani

Respondent

Procedural Posture

Civil Appeal / Application for Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of prosecution.
  2. 2 Whether the advocate's desire to withdraw constitutes sufficient cause to delay dismissal.

Ratio Decidendi

The court found that the appellant had not taken any steps to prosecute the appeal and that the application for dismissal was not opposed. The advocate's wish to withdraw from acting for a client who is not interested in pursuing the appeal does not amount to sufficient cause to delay the matter. Consequently, the appeal was dismissed for want of prosecution with costs awarded to the respondent.

Court Disposition

Appeal dismissed for want of prosecution with costs to the respondent.

Orders

  • The appeal is dismissed for want of prosecution.
  • The appellant shall pay costs of Kshs. 5000 to the respondent.