[2024] KEHC 2157 (KLR)
The court found that the appellant failed to prosecute the appeal since its filing and did not comply with the court's directions to file and serve the record of appeal within the stipulated period. The absence of the appellant and lack of compliance with court orders justified the dismissal of the appeal for want...
Source-derived case information.
- Citation
- [2024] KEHC 2157 (KLR)
- Parties
- Appellant: Peter Odhiambo Ombai; Respondent: Salome Achieng Ochieng; Respondent: Benard Ouma Genga
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E002 of 2023
- Procedural Posture
- Succession Cause / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- RE Aburili
- Legal Topics
- Dismissal for Want of Prosecution, Non Compliance With Court Orders, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Odhiambo Ombai
Appellant
Salome Achieng Ochieng
Respondent
Benard Ouma Genga
Respondent
Procedural Posture
Succession Cause / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution due to the appellant's failure to take necessary steps.
- 2 Whether failure to comply with court orders to file and serve the record of appeal warrants dismissal of the appeal.
Ratio Decidendi
The court found that the appellant failed to prosecute the appeal since its filing and did not comply with the court's directions to file and serve the record of appeal within the stipulated period. The absence of the appellant and lack of compliance with court orders justified the dismissal of the appeal for want of prosecution. The court exercised its discretion to dismiss the appeal and made no order as to costs.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed for want of prosecution and for failure to comply with court orders.
- No order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Ombai Odhoch - Deceased (Succession Cause E002 of 2023) [2024] KEHC 2157 (KLR) (5 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2157 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause E002 of 2023
RE Aburili, J
March 5, 2024
Between
Peter Odhiambo Ombai
Appellant
and
Salome Achieng Ochieng
1st Respondent
Benard Ouma Genga
2nd Respondent
Ruling
1. Parties called out. They are absent. It is 9. 33am.
2. This file is listed for dismissal of the appeal which was filed on 15th February 2023 and despite admission of the appeal to hearing on 30th June 2023 and directions given that the Appellant files and serves a Record of Appeal within 21 days of the date of admission of the appeal, which directions were served on the Appellant’s counsel, there has been no compliance and the Appellant has never appeared in court.
3. For the above reasons, this appeal is hereby dismissed on the grounds that the Appellant has failed to prosecute the appeal since filing it and secondly, that the appellant has failed to comply with orders of this court made on 30th June 2023 requiring him to file and serve a record of appeal within 21 days of that date.
4. I make no orders as to costs.
5. This file is accordingly closed and this order to be typed and a copy thereof to accompany the return to the lower court of the lower court file as soon as possible.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 5TH DAY OF MARCH, 2024R. E. ABURILIJUDGE