[2015] KEHC 3585 (KLR)
The court found that the applicant (respondent in the appeal) failed to comply with the court's order to file written submissions within the prescribed period. This non-compliance prevented the respondent (appellant in the appeal) from filing their submissions as well. The court held that obedience to court orders...
Source-derived case information.
- Citation
- [2015] KEHC 3585 (KLR)
- Parties
- Appellant: Jeremiah Mwaine; Respondent: Ibrahim Mwika Japhet
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 109 of 2011
- Procedural Posture
- Civil Appeal / Ruling on Application to Dismiss Appeal for Want of Prosecution
- Outcome
- application dismissed
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Non Compliance With Court Orders, Costs in the Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeremiah Mwaine
Appellant
Ibrahim Mwika Japhet
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 inaction by the appellant.
- 2 Whether failure by the applicant to comply with court orders regarding filing of submissions warrants dismissal of the application.
Ratio Decidendi
The court found that the applicant (respondent in the appeal) failed to comply with the court's order to file written submissions within the prescribed period. This non-compliance prevented the respondent (appellant in the appeal) from filing their submissions as well. The court held that obedience to court orders is fundamental to the administration of justice, and a party who disregards such orders cannot expect to benefit from the court's discretion. Consequently, the application to dismiss the appeal for want of prosecution was itself dismissed due to the applicant's failure to comply with the court's directions. Costs were ordered to be in the cause.
Court Disposition
application dismissed
Orders
- The application dated 7.8.2014 is dismissed.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL APPEAL NO. 109 OF 2011
JEREMIAH MWAINE …............................................................APPELLANT
VERSUS
IBRAHIM MWIKA JAPHET......................................................RESPONDENT
R U L I N G
This application is dated 7. 8.2014 and seeks orders:
That this Honourable Court be pleased to dismiss this appeal for want of prosecution.
That cost be provided for.
The application is supported by the affidavit of one Ibrahim Mwika Japhet and has the following grounds:
(a) That the appellant have never taken steps in this appeal since admission.
(b) The appellant has completely lost interest in this appeal and the pendency of the same is causing anxiety, mental torture and suffering to the applicant.
(c) That justice delayed is justice denied.
On 4. 12. 2014, this Court directed that the application be heard by way of written submissions. The applicant was given 14 days to file his written submissions. The respondent was directed to file his submissions within 14 days after service by the applicant.
When the matter came up for directions on 4. 6.2014, the applicant had not filed his submissions. As a result, the respondent could also not file his.
Mr. Ngunjiri holding brief for Ayub Anampiu for the appellant made an oral application for dismissal of the application on account that the applicant had not obeyed court orders issued on 4. 12. 2014. I agree with him that the applicant has not obeyed this court's orders issued on 4. 12. 2014. In the circumstances, I dismiss the application. Costs shall be in the cause.
It is so ordered.
Delivered in Open court at Meru this 4th day of June 2015 in the presence of:
Cc. Daniel
Ngunjiri h/b Ayub Anampiu for the Appellant
Applicant or Advocate Absent.
P. M. NJOROGE
JUDGE