[2017] KEHC 1417 (KLR)
The court found that neither party appeared despite being served with the mention date, and that the typed proceedings had been ready for a considerable period. To prevent further delay and ensure the appeal is prosecuted, the court exercised its discretion to issue directions for the filing and service of the...
Source-derived case information.
- Citation
- [2017] KEHC 1417 (KLR)
- Parties
- Appellant: John Njiru; Respondent: Anne Watetu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 280 of 2013
- Procedural Posture
- Civil Appeal / Pre Hearing Directions
- Outcome
- Directions issued for prosecution of appeal; conditional dismissal ordered for non-compliance.
- Judges
- A Mabeya
- Legal Topics
- Appeal Record Filing, Written Submissions, Dismissal for Non Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Njiru
Appellant
Anne Watetu
Respondent
Procedural Posture
Civil Appeal / Pre Hearing Directions
Legal Issues
- 1 Whether the appellant has complied with procedural requirements to prosecute the appeal.
- 2 What directions should be given to ensure expeditious disposal of the appeal.
Ratio Decidendi
The court found that neither party appeared despite being served with the mention date, and that the typed proceedings had been ready for a considerable period. To prevent further delay and ensure the appeal is prosecuted, the court exercised its discretion to issue directions for the filing and service of the record of appeal and written submissions within specified timelines. The court further ordered that failure by the appellant to comply with the direction to file and serve the record of appeal within 45 days would result in automatic dismissal of the appeal. These directions are intended to facilitate the expeditious determination of the appeal and uphold the principle of timely...
Court Disposition
Directions issued for prosecution of appeal; conditional dismissal ordered for non-compliance.
Orders
- The appellant to file and serve the record of appeal within 45 days.
- The appeal to be determined by way of written submissions.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL APPEAL NO. 280 OF 2013
JOHN NJIRU …………………………....…………….…….….. APPELLANT
VERSUS
ANNE WATETU ……………………………..…………….. RESPONDENT
ORDER
Although both parties were served with the mention date for today, they have not yet appeared. The typed proceedings in this matter have been ready for so long. The appeal needs to be prosecuted. I give the following directions:-
(a) The Appellant to file and serve the Record of Appeal within 45 days.
(b) The appeal be determined by way of written submissions.
(c) The appellant to file and serve his submissions within 30 days of service of the Right of Appeal.
(d) The Respondent to file and serve written submissions within 30 days of service by the Appellant.
(e) In default of the Appellant complying with (a) above, the appeal to stand dismissed.
(f) Mention on 9/3/2018 to give a date for judgment.
DATED and SIGNED this 8th day of November, 2017.
A. MABEYA
JUDGE
08/11/2017