[2017] KEELC 2178 (KLR)

[2017] KEELC 2178 (KLR)

The court found that the appeal had remained unprosecuted for a long time and that the appellant failed to appear or take steps to prosecute the matter. In the absence of any explanation or opposition from the appellant, and upon the request of the 1st respondent, the court exercised its discretion to dismiss the...

Source-derived case information.

Citation
[2017] KEELC 2178 (KLR)
Parties
Appellant: Kanampiu Nchau; Respondent: Rithaa Nchau; Respondent: Ruth Riungu Nkabune
Court
Environment and Land Court
Court Station
Environment and Land Court at Chuka
Jurisdiction
Kenya
Case Number
Environment & Land Case 17 of 2017
Procedural Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
Outcome
appeal dismissed for want of prosecution
Judges
FM Njoroge
Legal Topics
Appeal Dismissal, Want of Prosecution, Court Attendance
Source Language
en
Land and Property Appeal Dismissal Want of Prosecution Court Attendance

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kanampiu Nchau

Appellant

Rithaa Nchau

Respondent

Ruth Riungu Nkabune

Respondent

Procedural Posture

Civil Appeal / Ruling on Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of prosecution.

Ratio Decidendi

The court found that the appeal had remained unprosecuted for a long time and that the appellant failed to appear or take steps to prosecute the matter. In the absence of any explanation or opposition from the appellant, and upon the request of the 1st respondent, the court exercised its discretion to dismiss the appeal for want of prosecution. No order as to costs was made.

Court Disposition

appeal dismissed for want of prosecution

Orders

  • The appeal is dismissed.
  • No costs are awarded.