[2013] KEHC 937 (KLR)

[2013] KEHC 937 (KLR)

The court found that since the parties had reached a consent allowing the appellant to file the record of appeal within 21 days, the application for dismissal for want of prosecution was rendered unnecessary. The court therefore deemed the application withdrawn and fully concluded, with costs to be in the cause. The...

Source-derived case information.

Citation
[2013] KEHC 937 (KLR)
Parties
Appellant: Margaret Kabuteni; Respondent: George Kiruki; Respondent: M'Muketha M'Mungania
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Environment and Land Appeal 40 of 2009
Procedural Posture
Civil Appeal / Ruling on Application to Dismiss Appeal for Want of Prosecution
Outcome
Application deemed withdrawn and fully concluded by consent; costs in the cause.
Judges
FM Njoroge
Legal Topics
Dismissal for Want of Prosecution, Appeal Record Filing, Consent Orders
Source Language
en
Civil Procedure Dismissal for Want of Prosecution Appeal Record Filing Consent Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Margaret Kabuteni

Appellant

George Kiruki

Respondent

M'Muketha M'Mungania

Respondent

Procedural Posture

Civil Appeal / Ruling on Application to Dismiss Appeal for Want of Prosecution

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of prosecution.
  2. 2 Whether the appellant should be granted time to file the record of appeal.

Ratio Decidendi

The court found that since the parties had reached a consent allowing the appellant to file the record of appeal within 21 days, the application for dismissal for want of prosecution was rendered unnecessary. The court therefore deemed the application withdrawn and fully concluded, with costs to be in the cause. The operative reasoning was that the consent of the parties resolved the issue in dispute, obviating the need for a contested determination on the merits of the application.

Court Disposition

Application deemed withdrawn and fully concluded by consent; costs in the cause.

Orders

  • The application dated 23rd July, 2013 is deemed withdrawn and fully concluded.
  • The appellant is allowed to file a record of appeal within 21 days from 19.9.2013.