[2019] KEHC 497 (KLR)
The court found that the appellant had not explained the reasons for failing to file the record of appeal or for not prosecuting the appeal since 2017. In the absence of any explanation or action by the appellant, the court exercised its discretion to dismiss the appeal for want of prosecution, in accordance with...
Source-derived case information.
- Citation
- [2019] KEHC 497 (KLR)
- Parties
- Appellant: John Otieno Mboga; Respondent: Sugar Development Group; Respondent: Gordon Omondi Oyugi; Respondent: Erick Odhiambo Okeya; Respondent: Joanes Opiyo
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 16 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- RE Aburili
- Legal Topics
- Dismissal for Want of Prosecution, Appeal Procedure, Record of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Otieno Mboga
Appellant
Sugar Development Group
Respondent
Gordon Omondi Oyugi
Respondent
Erick Odhiambo Okeya
Respondent
Joanes Opiyo
Respondent
Procedural Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appellant has provided sufficient explanation for the delay in filing the record of appeal and prosecuting the appeal.
Ratio Decidendi
The court found that the appellant had not explained the reasons for failing to file the record of appeal or for not prosecuting the appeal since 2017. In the absence of any explanation or action by the appellant, the court exercised its discretion to dismiss the appeal for want of prosecution, in accordance with the Civil Procedure Rules. The court also determined that there would be no order as to costs.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed for want of prosecution.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CIVIL APPEAL NO. 16 OF 2017
JOHN OTIENO MBOGA ...............................................................APPELLANT
VERSUS
SUGAR DEVELOPMENT GROUP....................................1ST RESPONDENT
GORDON OMONDI OYUGI .............................................2ND RESPONDENT
ERICK ODHIAMBO OKEYA ...........................................3RD RESPONDENT
JOANES OPIYO ..................................................................4TH RESPONDENT
RULING
1. The Appellant has not explained to the Court the reasons why no record of appeal has been filed since 2017 and why he has not prosecuted this appeal.
2. Accordingly, the appeal herein is hereby dismissed for want of prosecution with no orders as to costs.
3. Orders accordingly.
Dated, Signed and Delivered at Siaya this 13th day of February, 2019
R.E. ABURILI
JUDGE