[2019] KEHC 5589 (KLR)
The court found that the appellant had failed to take any action to prosecute the appeal after its admission for hearing, including failing to file and serve the record of appeal despite being served with notices and the court fixing hearing dates on its own motion. The absence of the appellant or their counsel on...
Source-derived case information.
- Citation
- [2019] KEHC 5589 (KLR)
- Parties
- Appellant: Kenya Power and Lighting Company Ltd; Respondent: Victoria Atieno Amina; Respondent: Stephene Obege Onserio
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 19 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, Service of Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Power and Lighting Company Ltd
Appellant
Victoria Atieno Amina
Respondent
Stephene Obege Onserio
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 the appellant's inaction.
Ratio Decidendi
The court found that the appellant had failed to take any action to prosecute the appeal after its admission for hearing, including failing to file and serve the record of appeal despite being served with notices and the court fixing hearing dates on its own motion. The absence of the appellant or their counsel on the scheduled date further demonstrated a lack of interest in prosecuting the appeal. Consequently, the court exercised its discretion to dismiss the appeal for want of prosecution, as the appellant had not demonstrated any intention to proceed with the matter.
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
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CIVIL APPEAL NO. 19 OF 2017
(CORAM: HON. R.E. ABURILI - J)
KENYA POWER AND LIGHTING COMPANY LTD..................APPELLANT
VERSUS
VICTORIA ATIENO AMINA.................................................1ST RESPONDENT
STEPHENE OBEGE ONSERIO........................................2ND RESPONDENT
(An Appeal from the Judgment and Decree of the PM’s Court, Siaya in Civil Suit No. 32 of 2016 delivered on the 15. 11. 2017 before Hon. T.M. Olando, SRM)
RULING
1. I have perused the court record from 17/9/2018 when this appeal was admitted to hearing and the fact that despite service of Notices subsequent to the said admission, requiring the Appellant to file and serve a record of Appeal, no action has been taken.
2. It is the court that has been fixing dates in this Appeal on its own motion and today’s date was given by the Deputy Registrar on 3/7/2019 for disposal of the appeal and Notice thereof served on the Appellant’s counsel and counsel for the Respondent but there is no appearance or representation.
3. In the premise, I hereby dismiss this appeal for want of prosecution as the Appellant is not interested in prosecuting the same.
4. I make no orders as to costs.
5. Orders accordingly.
Dated, signed and Delivered at Siaya, this 22nd Day of July 2019
R.E. ABURILI
JUDGE