[2018] KEHC 5994 (KLR)
The court found that the appellant failed to comply with explicit court directions, including depositing the decretal sum and filing a complete record of appeal. The court emphasized that compliance with court orders is mandatory for the orderly administration of justice. Relying on established legal principles and...
Source-derived case information.
- Citation
- [2018] KEHC 5994 (KLR)
- Parties
- Appellant: Lucy Nyokabi Nyambura; Respondent: Ruth Dama Charo; Respondent: Ben Itzhak; Respondent: Shpak Isaac
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 156 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Compliance With Court Directions and Dismissal of Appeal
- Outcome
- appeal dismissed for non-compliance with court directions; costs awarded to respondents
- Judges
- CA Otieno
- Legal Topics
- Non Compliance With Court Orders, Dismissal of Appeal, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Nyokabi Nyambura
Appellant
Ruth Dama Charo
Respondent
Ben Itzhak
Respondent
Shpak Isaac
Respondent
Procedural Posture
Civil Appeal / Ruling on Compliance With Court Directions and Dismissal of Appeal
Legal Issues
- 1 Whether the appellant's failure to comply with court directions warrants dismissal of the appeal.
- 2 Whether the court should exercise its inherent powers to dismiss the appeal for non-compliance.
- 3 Whether costs should be awarded to the respondents.
Ratio Decidendi
The court found that the appellant failed to comply with explicit court directions, including depositing the decretal sum and filing a complete record of appeal. The court emphasized that compliance with court orders is mandatory for the orderly administration of justice. Relying on established legal principles and the Supreme Court's guidance in Nicholas Kiptoo Korir Arap Salat v IEBC, the court held that non-compliance cannot be condoned and warrants dismissal of the appeal. The absence of the appellant, despite being aware of the hearing date, further justified the exercise of the court's inherent powers to dismiss the appeal and award costs to the respondents.
Court Disposition
appeal dismissed for non-compliance with court directions; costs awarded to respondents
Orders
- The appeal is dismissed for failure by the appellant to comply with directions of the court.
- Costs of the appeal are awarded to the respondents.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL APPEAL NO. 156 OF 2017
LUCY NYOKABI NYAMBURA...................................APPEALLANT
VERSUS
1. RUTH DAMA CHARO
2. BEN ITZHAK
3. SHPAK ISAAC........................................................RESPONDENTS
R U L I N G
1. On 21/2/2018, the court gave some directions and obligated theAppellant to undertake certain acts and gave consequences of non-compliance.
2. Today it is said that the decretal sum ordered to be deposited is yet to be so deposited and the Record of Appeal file outside time omits to incorporate critical documents without which the Appeal cannot be admitted to hearing.
3. This court proceeds from the standpoint that counsel and their clients have a duty to abide by courts directions as the only way to have court business conducted with some certainty. As the of supreme court observed in Nicholas Kiptoo Korir Arap Salat vs I.E.B.C & 2 Others [2014] eKLR ‘no court could give succor to litigates hellbent not to comply with the rules’. I can only add that failure to comply with court directions is also a matter of the law.
4. That being my position and even in the absence of the Appellant in whose presence todays date was taken, I invoke the court inherent powers to meet to overriding objectives and order that the appeal be dismissed for failure by the Appellant to comply with directions of the court.
5. I award the costs of the appeal to the Respondents.
Dated and delivered at Mombasa this 30th day of May 2018.
P.J.O. OTIENO
JUDGE