[2021] KEELC 4402 (KLR)
The court found that the appellant failed to comply with its order to file written submissions within 30 days as directed on 26/10/2020. No submissions were filed by the appellant, and there was no evidence of any further steps taken to prosecute the appeal. The court confirmed that the appeal was to be deemed...
Source-derived case information.
- Citation
- [2021] KEELC 4402 (KLR)
- Parties
- Appellant: Isaac Ouma Kumba; Respondent: Peres Awiti Oyamo; Respondent: Millicent Adhiambo Oyamo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 9 of 2019
- Procedural Posture
- Civil Appeal / Ruling on Application to Dismiss Appeal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- A Ombwayo
- Legal Topics
- Dismissal for Want of Prosecution, Appeals Process, Failure to Prosecute, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Ouma Kumba
Appellant
Peres Awiti Oyamo
Respondent
Millicent Adhiambo Oyamo
Respondent
Procedural Posture
Civil Appeal / Ruling on Application to Dismiss Appeal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution due to the appellant's failure to file submissions as ordered.
- 2 Whether the appellant demonstrated sufficient cause for the delay in prosecuting the appeal.
Ratio Decidendi
The court found that the appellant failed to comply with its order to file written submissions within 30 days as directed on 26/10/2020. No submissions were filed by the appellant, and there was no evidence of any further steps taken to prosecute the appeal. The court confirmed that the appeal was to be deemed dismissed for want of prosecution as previously warned, and thus formally dismissed the appeal with costs to the respondents. The decision was based on the appellant's non-compliance with procedural requirements and the need to ensure expeditious disposal of cases.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed for want of prosecution.
- Costs awarded to the respondents.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KISUMU
ELC APPEAL NO. 9 OF 2019
ISAAC OUMA KUMBA...............................APPELLANT
-VERSUS-
PERES AWITI OYAMO......................1ST RESPONDENT
MILLICENT ADHIAMBO OYAMO........RESPONDENT
RULING
On the 11/9/2020 the respondent filed an application dated 2/2/2020 for orders that this honourable court be pleased to dismiss the appellant’s application dated 24/4/2019 for want of prosecution. The grounds for dismissal were that:
i. This appeal was filed against the respondents on 24/4/2019 and since then the Appellant has not set it down for direction and/or haring.
ii. The Appellant is not desirous of prosecuting this Appeal.
iii. It is only just and fair that this Appeal be dismissed with costs to the Respondents.
The Appellant filed a replying affidavit stating that he had applied for proceedings and was willing to prosecute the appeal. On the 26/10/2020, this court ordered that the application dated 2/9/2020 be determined in terms that the appellant to file submissions on the appeal within 30 days’ failure to do so the appeal would be deemed as dismissed. If the appellant was to put in written submissions as ordered the respondent was to file written submissions in reply within 30 days and therefore Judgment was to follow on the 4/2/2020.
I have not seen the appellant’s submissions and therefore I do confirm the orders made on 26/10/2020 that the appeal be deemed as dismissed for want of prosecution and the same is hereby confirmed as dismissed with costs to the Respondent.
DATED AT KISUMU THIS 4TH DAY OF FEBRUARY, 2021
ANTONY OMBWAYO
JUDGE
This Ruling has been delivered to the parties by electronic mail due to measures restricting court operations due to the COVID-19 pandemic and in the light of the directions issued by his Lordship, the Chief Justice on 15th March 2019
ANTONY OMBWAYO
JUDGE