[2025] KECA 646 (KLR)
The application for leave to file a notice of appeal and appeal out of time was dismissed because neither the applicants nor the respondents complied with the court's express directions to file and serve written submissions within the specified timelines. The court, exercising its discretion under rule 58(1) of the...
Source-derived case information.
- Citation
- [2025] KECA 646 (KLR)
- Parties
- Applicant: Richard W Masinde; Applicant: Chris Makhanu Masinde; Applicant: Captain (Rtd) Charles Masinde; Respondent: Gladys Nasimiyu Nyongesa; Respondent: Gladys Nanyama Masinde
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application E157 of 2024
- Procedural Posture
- Civil Application / Ruling on Application for Leave to File Notice of Appeal and Appeal Out of Time
- Outcome
- application dismissed for non-compliance with court directions
- Judges
- LA Achode
- Legal Topics
- Extension of Time, Appeals Process, Court Directions Noncompliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard W Masinde
Applicant
Chris Makhanu Masinde
Applicant
Captain (Rtd) Charles Masinde
Applicant
Gladys Nasimiyu Nyongesa
Respondent
Gladys Nanyama Masinde
Respondent
Procedural Posture
Civil Application / Ruling on Application for Leave to File Notice of Appeal and Appeal Out of Time
Legal Issues
- 1 Whether the applicants should be granted leave to file a notice of appeal and appeal out of time.
- 2 Whether failure to comply with court directions warrants dismissal of the application.
Ratio Decidendi
The application for leave to file a notice of appeal and appeal out of time was dismissed because neither the applicants nor the respondents complied with the court's express directions to file and serve written submissions within the specified timelines. The court, exercising its discretion under rule 58(1) of the Court of Appeal Rules, 2022, found that non-compliance with procedural directions justified dismissal of the application, regardless of its substantive merits. The court emphasized that adherence to procedural rules and directions is mandatory for the orderly administration of justice, and parties who fail to comply risk having their applications dismissed summarily. No orders...
Court Disposition
application dismissed for non-compliance with court directions
Orders
- The Notice of Motion dated 30th October 2024 is dismissed under rule 58(1) of the Court of Appeal Rules, 2022, for failure to comply with directions by the applicant.
- There will be no orders as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
Masinde & 2 others v Nyongesa & another (Civil Application E157 of 2024) [2025] KECA 646 (KLR) (4 April 2025) (Ruling)
Neutral citation: [2025] KECA 646 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Civil Application E157 of 2024
LA Achode, JA
April 4, 2025
Between
Richard W Masinde
1st Applicant
Chris Makhanu Masinde
2nd Applicant
Captain (Rtd) Charles Masinde
3rd Applicant
and
Gladys Nasimiyu Nyongesa
1st Respondent
Gladys Nanyama Masinde
2nd Respondent
(Being an application for leave to file Notice of Appeal and to appeal out of time against the Ruling (Ougo J) delivered on 1st August 2024inHC Succession Cause No. 59 of 2004)
Ruling
1. Richard W. Masinde, Chris Makhanu Masinde and Captain (Rtd) Charles Masinde (the 1st to 3rd Applicant respectively), filed a Notice of Motion dated 30th October 2024 under rule 4 of this Court’s Rules. Gladys Nanyama Masinde and Gladys Nasimiyu Nyongesa are the 1st and 2nd respondents respectively.
2. The applicants sought to be granted leave to file their Notice of Appeal and intended appeal against the ruling of Ougo J delivered on 1st August 2024, out of time.
3. The Deputy Registrar of this Court sent the applicants a Hearing Notice vide an email on 4th February 2025. The email indicated that their application would be disposed of by way of written submissions. I set out the directions in the email verbatim as follows:“The Applicant is directed to file and serve the application, written submissions and any other documents within 24 hours if they have not yet done so, limited to Three Pages3. The respondents shall have 3 days to file written submissions if they have not in response and serve all the parties on record online. This application will be heard on Thursday,the 13th day of February, 2025 at 9. 00 am by a Single Judge.”
4. None of the parties complied with the foregoing directions. In the circumstances, the Notice of Motion dated 30th October, 2024 is dismissed under rule 58(1) of the Court of Appeal Rules, 2022, for failure to comply with directions by the applicant. There will be no orders as to costs
DATED AND DELIVERED AT KISUMU THIS 4TH DAY OF APRIL, 2025. L. ACHODE.....................................JUDGE OF APPEALI certify that this is a true copy of the original SignedDEPUTY REGISTRAR