[2019] KEHC 823 (KLR)
The appeal was dismissed because the appellant failed to comply with the court's order dated 11.7.2019, which required filing and serving the record of appeal within 30 days. The appellant's counsel neither complied with the order nor appeared in court to explain the non-compliance. The court found no justification...
Source-derived case information.
- Citation
- [2019] KEHC 823 (KLR)
- Parties
- Appellant: Japheth Otieno Akumu; Respondent: Ezekiel Onyango Akumu
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Citation Cause 31 of 2018
- Procedural Posture
- Civil Appeal / Ruling on Compliance With Court Orders
- Outcome
- appeal dismissed for non-compliance with court orders
- Judges
- RE Aburili
- Legal Topics
- Appeal Dismissal, Non Compliance With Court Orders, Record of Appeal Filing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Japheth Otieno Akumu
Appellant
Ezekiel Onyango Akumu
Respondent
Procedural Posture
Civil Appeal / Ruling on Compliance With Court Orders
Legal Issues
- 1 Whether the appellant complied with the court order to file and serve the record of appeal within the stipulated period.
- 2 Whether non-compliance with the court order warrants dismissal of the appeal.
Ratio Decidendi
The appeal was dismissed because the appellant failed to comply with the court's order dated 11.7.2019, which required filing and serving the record of appeal within 30 days. The appellant's counsel neither complied with the order nor appeared in court to explain the non-compliance. The court found no justification for the delay or non-compliance and exercised its discretion to dismiss the appeal for want of prosecution and failure to obey court orders, upholding the principle that court orders must be obeyed to ensure the orderly administration of justice.
Court Disposition
appeal dismissed for non-compliance with court orders
Orders
- The appeal is dismissed for non-compliance with the court order of 11.7.2019.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CIVIL APPEAL NO. 31 OF 2018
JAPHETH OTIENO AKUMU...................... APPELLANT
VERSUS
EZEKIEL ONYANGO AKUMU................RESPONDENT
(Being an appeal from the Judgment of Siaya Principal Magistrate’s Court, Civil Case No. 37 of 1998 dated 7. 11. 2018 before Hon. T. Olando – Senior Resident Magistrate)
RULING
It is now 9. 45 a.m. Parties called, absent. This appeal was admitted to hearing on 11. 7.2019 and the Court ordered that the Appellant’s Counsel file and serve a record of appeal within 30 days – thereof. On 19. 7.2019, Ms. Rosemary Odera served the said Order upon the Parties’ Advocates as per her Affidavits of service dated 19. 7.2019. To date, the Appellant’s Counsel have not complied with Court Orders of 11. 7.2019 and they are not in Court to give any explanation for non-compliance. Accordingly, I have no option but to dismiss this appeal for non-compliance with Court orders of 11. 7.2019.
Orders accordingly.
Dated, Signed and Delivered at Siaya this 4th Day of November, 2019
R.E. ABURILI
JUDGE