[2015] KECA 24 (KLR)
The Court found that the appellants and their counsel failed to appear for the hearing despite being served with notice. The appeal had been listed for hearing several times without prosecution by the appellants. The Court concluded that the appellants had lost interest in the appeal. In accordance with Rule 102 of...
Source-derived case information.
- Citation
- [2015] KECA 24 (KLR)
- Parties
- Appellant: James Obondi Oliech; Appellant: Tom Oriawo; Appellant: John Osambo; Appellant: Ayub Ochieng Owl; Appellant: Thomas Ogada; Appellant: Syprin Ooko Ochuka; Appellant: Samwel Okuta Abonga; Appellant: Carlus Aganga; Appellant: Henry Juombo; Respondent: Marikus Ong’idi Odhare
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 77 of 2012
- Procedural Posture
- Civil Appeal / Appeal Dismissed for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution with costs to the respondent
- Legal Topics
- Dismissal for Non Prosecution, Appeal Procedure, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Obondi Oliech
Appellant
Tom Oriawo
Appellant
John Osambo
Appellant
Ayub Ochieng Owl
Appellant
Thomas Ogada
Appellant
Syprin Ooko Ochuka
Appellant
Samwel Okuta Abonga
Appellant
Carlus Aganga
Appellant
Henry Juombo
Appellant
Marikus Ong’idi Odhare
Respondent
Procedural Posture
Civil Appeal / Appeal Dismissed for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution due to the appellants' failure to appear and prosecute the appeal.
Ratio Decidendi
The Court found that the appellants and their counsel failed to appear for the hearing despite being served with notice. The appeal had been listed for hearing several times without prosecution by the appellants. The Court concluded that the appellants had lost interest in the appeal. In accordance with Rule 102 of the Court of Appeal Rules, and upon the respondent's application, the Court exercised its discretion to dismiss the appeal with costs for want of prosecution.
Court Disposition
appeal dismissed for want of prosecution with costs to the respondent
Orders
- The appeal is dismissed for want of prosecution.
- The appellants shall pay the costs of the appeal to the respondent.
Full Case Text
Judgment text and source record
36 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: MARAGA, GATEMBU & MURGOR, JJ.A.)
CIVIL APPEAL NO. 77 OF 2012
BETWEEN
JAMES OBONDI OLIECH…………………………………..……………….. 1ST APPELLANT
TOM ORIAWO…………………………………………………………………. 2ND APPELLANT
JOHN OSAMBO………………………………………………………….……..3RD APPELLANT
AYUB OCHIENG OWl ………………………………………………………. 4TH APPELLANT
THOMAS OGADA ……………………………………….…………………… 5TH APPELLANT
SYPRIN OOKO OCHUKA ………………………………………………….. 6TH APPELLANT
SAMWEL OKUTA ABONGA …………………………………..…………. 7TH APPELLANT
CARLUS AGANGA ……………………………………………………..………8TH APPELLANT
HENRY JUOMBO ……………………………………………………………...9TH APPELLANT
AND
MARIKUS ONG’IDI ODHARE .................................................. RESPONDENT
(Being an Appeal from the Judgment of the High Court of Kenya at Kisumu
(Wambilyangah, J.) dated 10th May, 2000
in
H.C.C.C. NO. 386 of 1995)
*******************
ORDER OF THE COURT
Neither the appellants nor their counsel are in court, counsel on record for the appellant was served with the hearing notice for today on 9th June, 2015. He has written to court that he is no longer in private practice as he is now a full time lecturer at the Kenya School of Law. But he is still on record as he has not applied to cease acting for the appellants.
This is an old appeal which has come up for hearing several times but has not been heard due to the failure of the appellants to appear and prosecute it.
In the circumstances, we are of the view that the appellants have lost interest in this appeal.
As Mr. Mwamu, learned counsel for the respondent is not conceding the appeal, we accede to his plea and hereby dismiss this appeal with costs under Rule 102 of this Court's Rules.
DATED this 18th June, 2015.
D.K.MARAGA
JUDGE OF APPEAL
S. GATEMBU KAIRU, FCIArb
JUDGE OF APPEAL
A.K.MURGOR
JUDGE OF APPEAL
I certify that this is a true copy
of the original.
DEPUTY REGISTRAR