[2014] KEHC 3607 (KLR)
The court found that the appellant failed to comply with the directions to file the record of appeal within the prescribed period and did not attend court despite being duly served with notice. The repeated non-attendance and inaction demonstrated a lack of interest in prosecuting the appeal. Consequently, the court...
Source-derived case information.
- Citation
- [2014] KEHC 3607 (KLR)
- Parties
- Appellant: John Munyambu Njeru; Respondent: Municipal Council of Kerugoya/Kutus; Respondent: Charles Githinji Murumia
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 125 of 2013
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed with costs
- Judges
- BN Olao
- Legal Topics
- Dismissal for Want of Prosecution, Failure to Prosecute Appeal, Non Attendance by Advocate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Munyambu Njeru
Appellant
Municipal Council of Kerugoya/Kutus
Respondent
Charles Githinji Murumia
Respondent
Procedural Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution due to failure by the appellant to file the record of appeal and non-attendance by the appellant's advocate.
Ratio Decidendi
The court found that the appellant failed to comply with the directions to file the record of appeal within the prescribed period and did not attend court despite being duly served with notice. The repeated non-attendance and inaction demonstrated a lack of interest in prosecuting the appeal. Consequently, the court exercised its discretion to dismiss the appeal for want of prosecution, holding that the appellant's conduct justified such an order and awarding costs to the respondent.
Court Disposition
appeal dismissed with costs
Orders
- The appeal is dismissed for want of prosecution.
- The appellant shall pay the costs of the appeal to the respondent.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
ELC CASE NO. 125 OF 2013
JOHN MUNYAMBU NJERU ………………………………….……………. PLAINTIFF
VERSUS
MUNICIPAL COUNCIL OF KERUGOYA/KUTUS ……………,……… 1ST DEFENDANT
CHARLES GITHINJI MURUMIA ……………………………..……….. 2ND DEFENDANT
RULING
This appeal having been admitted on 21st May 2010 by Lady Justice Karanja sitting at the High Court in Embu, the appellant’s advocate was notified by letter dated 8th June 2010 to prepare the record of appeal and file the same within 21 days .
To-date, the record of appeal has not been prepared or filed. There have been several appearance in which the appellant’s advocate has not attended.
On 31st October 2013, this Court directed that the appellant’s advocate be served for the last time to appear on 3rd December 2013 for directions with clear instructions that if there will be no appearance for the appellant, this appeal will be marked as dismissed.
Service was indeed effected upon the appellant’s advocate on 18th November 2013 indicating that if there is no appearance on 3rd December 2013, the appeal would be dismissed with costs. Come 3rd December 2013 and there was no appearance by the appellant’s advocate and the respondent’s advocate urged me to dismiss the appeal with costs. That is the subject of this ruling.
Notwithstanding the notice from the Deputy Registrar High Court of Kenya Embu dated 8th June 2010 directing the appellant’s advocate to prepare the record of appeal and serve the same within 21 days, no action has been taken by the appellant in that regard. Clearly, the appellant has lost interest in this appeal as confirmed by the fact that there is no attendance by his advocate though duly served.
I am constrained therefore to dismiss this appeal with costs which I hereby do.
B.N. OLAO
JUDGE
18TH JULY, 2014
18/7/2014
Before
B.N. Olao – Judge
Mwangi – CC
Mr. Wachira for Plaintiff – absent
Mr. Murage for Mr. Munene for Defendant – present
COURT: Ruling delivered this 18th day of July, 2014 in open Court.
Mr. Murage for Mr. Munene for Respondent present
Mr. Wachira for Applicant absent.
B.N. OLAO
JUDGE
18TH JULY, 2014