[2017] KEELC 2003 (KLR)
The court found that the appellant's advanced age and lack of understanding of the court process constituted sufficient cause to prevent dismissal of the appeal for want of prosecution. In the interest of justice, the court exercised its discretion to allow the appellant to orally prosecute his appeal, emphasizing...
Source-derived case information.
- Citation
- [2017] KEELC 2003 (KLR)
- Parties
- Appellant: Jospeter Nyamu; Respondent: Edward Mbaka Agustino
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 27 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- Appeal not dismissed; appellant allowed to prosecute appeal orally.
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Oral Hearing, Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jospeter Nyamu
Appellant
Edward Mbaka Agustino
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 given the appellant's failure to show cause.
- 2 Whether the appellant should be allowed to orally prosecute his appeal in the interest of justice.
Ratio Decidendi
The court found that the appellant's advanced age and lack of understanding of the court process constituted sufficient cause to prevent dismissal of the appeal for want of prosecution. In the interest of justice, the court exercised its discretion to allow the appellant to orally prosecute his appeal, emphasizing the need for expeditious determination given the age of the case.
Court Disposition
Appeal not dismissed; appellant allowed to prosecute appeal orally.
Orders
- The appeal shall not be dismissed for want of prosecution.
- The appellant is allowed to orally prosecute his appeal.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC [CA] CASE NO 27 OF 2017
FORMERLY MERU ELC [CA] CASE NO. 41 OF 2010
JOSPETER NYAMU..........................................APPELLANT
VERSUS
EDWARD MBAKA AGUSTINO....................RESPONDENT
RULING
1. Parties were twice given a chance to show cause why this suit should not be dismissed for want of prosecution. The 2nd chance was given to the parties on 25th July, 2017.
2. The court has realized that the appellant, an old man who represents himself, does not understand the court process. He also does not understand what he should do to show cause why an appeal should not be dismissed for want of prosecution.
3. In the interest of justice, I find that the age of the appellant and his failure to grasp what showing cause why the appeal should not be dismissed for want of prosecution constitutes enough cause to the satisfaction of the court that this appeal should not be dismissed.
4. I, also find it necessary in the interest of justice to allow the appellant to orally prosecute his appeal.
5. This is a 2010 appeal. It is necessary that it be heard and determined expeditiously. I direct that the appeal be heard on 17th October, 2017.
6. I also order that notice be issued to the respondent to inform him that the appellant’s side of the appeal will be orally heard on 17th October, 2017.
7. It is so ordered.
Delivered in open court at Chuka this 31st day of July, 2017 in the presence of:
CA: Ndegwa
P. M. NJOROGE
JUDGE