[2011] KEHC 2677 (KLR)
The court found that the appellant, through counsel, had demonstrated keenness to prosecute the appeal by filing and serving the record of appeal promptly after the notice to show cause was issued. This action was deemed sufficient cause to withdraw the notice to show cause. The court therefore allowed the appeal to...
Source-derived case information.
- Citation
- [2011] KEHC 2677 (KLR)
- Parties
- Appellant: Leah Wangui Kihenjo; Respondent: Eldoret Express Co. Ltd; Respondent: Peter Okoth
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 68 of 2009
- Procedural Posture
- Civil Appeal / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- Notice to show cause withdrawn; appeal admitted for directions.
- Legal Topics
- Dismissal for Want of Prosecution, Appeal Admission, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leah Wangui Kihenjo
Appellant
Eldoret Express Co. Ltd
Respondent
Peter Okoth
Respondent
Procedural Posture
Civil Appeal / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution.
- 2 Whether the appellant has demonstrated sufficient cause to avoid dismissal.
Ratio Decidendi
The court found that the appellant, through counsel, had demonstrated keenness to prosecute the appeal by filing and serving the record of appeal promptly after the notice to show cause was issued. This action was deemed sufficient cause to withdraw the notice to show cause. The court therefore allowed the appeal to be admitted and directed that directions be taken within two months, failing which the appeal would stand dismissed. The court emphasized the importance of diligence in prosecuting appeals but recognized that the appellant's remedial action justified giving the matter a chance to proceed.
Court Disposition
Notice to show cause withdrawn; appeal admitted for directions.
Orders
- Notice to show cause is withdrawn.
- Appellant is allowed to have the appeal admitted and directions taken within the next 2 months.
Full Case Text
Judgment text and source record
16 paragraphs
IN THE HIGH COURT OF KENYA
AT NAKURU
CIVIL SUIT NO. 68 OF 2009
LEAH WANGUI KIHENJO…………….........................…………APPELLANT
VERSUS
ELDORET EXPRESS CO. LTD…………......................……….1st RESPONDENT
PETER OKOTH………………………….......................………2ND RESPONDENT
RULING
This appeal was filed on 23rd April 2011. On 27th April 2011, the court issued a Notice to Show Cause on the appellant to show cause why the appeal cannot be dismissed for want of prosecution.
Mr. Gekong’a has filed an affidavit beseeching the court not to dismiss the appeal because it was an oversight on his part, but he has now filed the record of appeal and served. I have seen the record of appeal which was filed on 6th May 2001 after the Notice to Show Cause was issued. That is demonstration of the counsel’s keenness to prosecute the appeal and Notice to Show Cause is hereby withdrawn and the Appellant is allowed to have the appeal admitted and directions taken within the next 2 months in default, court stands dismissed.
DATED and DELIVERED this 17th day of 2011.
R. P. V. WENDOH
JUDGE
PRESENT:
Mr. Moseti holding brief for Gekong’a for Appellant
Kennedy – Court Clerk