[2020] KEHC 1520 (KLR)
The court found that the appellant had failed to take any steps to prosecute the appeal for nearly four years, including failing to file the record of appeal or serve the memorandum of appeal on the respondent. Under Order 42 of the Civil Procedure Rules, such inaction amounts to lack of interest in the appeal and...
Source-derived case information.
- Citation
- [2020] KEHC 1520 (KLR)
- Parties
- Appellant: Kenya Medical Research Institute; Respondent: Kennedy Ouma Onyango
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 19 of 2016
- 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 Process, Order 42 Civil Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Medical Research Institute
Appellant
Kennedy Ouma Onyango
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 due to inaction by the appellant.
- 2 Whether the appellant complied with Order 42 of the Civil Procedure Rules regarding preparation and prosecution of the appeal.
Ratio Decidendi
The court found that the appellant had failed to take any steps to prosecute the appeal for nearly four years, including failing to file the record of appeal or serve the memorandum of appeal on the respondent. Under Order 42 of the Civil Procedure Rules, such inaction amounts to lack of interest in the appeal and justifies dismissal for want of prosecution. The court exercised its discretion to dismiss the appeal, noting the prolonged delay and absence of any action by the appellant to move the appeal forward.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed for want of prosecution.
- No orders as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CIVIL APPEAL NO. 19 OF 2016
KENYA MEDICAL RESEARCHINSTITUTE........... PLAINTIFF/APPELLANTS
VERSUS
KENNEDY OUMA ONYANGO.......................... DEFENDANT/ RESPONDENT
(Being an appeal from the Judgment/Decree from Siaya Principal Magistrate’s Court Case No. 28 of 2017, before Hon. C.N.Okore SRM dated 12th October, 2016)
RULING:
1. This appeal was filed on 11. 11. 2016 which is nearly 4 years ago but the appellant has never taken any steps as required under Order 42 of the Civil Procedure Rulesto ready the appeal for hearing. There is no record of appeal filed.
2. No steps have been taken to indicate the interest in the appeal, not even service of Memorandum of Appeal, on the Respondent.
3. Accordingly, I hereby dismiss this appeal for want of prosecution with no orders as to costs.
4. The file is hereby closed for archiving.
5. Orders accordingly.
Delivered, Dated and Signed at Siaya this 12th Day of October, 2020
R.E. ABURILI
JUDGE