[2015] KEHC 4320 (KLR)
The court found that the appellant had not taken any steps in the appeal since its filing and had not opposed the application for dismissal. The absence of any action or response from the appellant demonstrated a lack of interest in pursuing the appeal. Consequently, the court exercised its discretion to dismiss the...
Source-derived case information.
- Citation
- [2015] KEHC 4320 (KLR)
- Parties
- Appellant: Joseph Muthee Muchiri; Respondent: Timothy Kathembe Mwendwa; Respondent: Gedion Nzioka
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 227 of 2013
- Procedural Posture
- Civil Appeal / Ruling on Application to Dismiss Appeal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- BT Jaden
- Legal Topics
- Dismissal for Want of Prosecution, Appeal Procedure, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Muthee Muchiri
Appellant
Timothy Kathembe Mwendwa
Respondent
Gedion Nzioka
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.
Ratio Decidendi
The court found that the appellant had not taken any steps in the appeal since its filing and had not opposed the application for dismissal. The absence of any action or response from the appellant demonstrated a lack of interest in pursuing the appeal. Consequently, the court exercised its discretion to dismiss the appeal for want of prosecution, as provided for under the Civil Procedure Rules.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed for want of prosecution with costs to the respondents.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CIVIL APPEAL NO. 227 OF 2013
JOSEPH MUTHEE MUCHIRI.......................APPELLANT
VERSUS
TIMOTHY KATHEMBE MWENDWA................1ST RESPONDENT
GEDION NZIOKA...........................2ND RESPONDENT
RULING
1. The application dated 5th February, 2015 seeks orders that the Appellant’s appeal herein be dismissed for want of prosecution.
2. It is stated in the affidavit in support that the Appellant has not taken any steps in this appeal since the filing of the same on 14th November, 2012. According to the Applicant, this reflects that the Appellant has lost interest in the matter.
3. The Appellant was served with the application but did not attend court on the hearing date. No papers have been filed in opposition to the application.The application has merits and is allowed with costs.
B. THURANIRA JADEN
Dated and delivered at Machakos this 11th day of June, 2015
B. THURANIRA JADEN
JUDGE