[2023] KECA 1367 (KLR)
The court found that neither party had filed written submissions and the respondent had not responded to the application. The applicant failed to prosecute the application, leading the court to conclude that the applicant had lost interest in the matter. Consequently, the application was dismissed for want of...
Source-derived case information.
- Citation
- [2023] KECA 1367 (KLR)
- Parties
- Applicant: Richard Mapesa Matuli; Respondent: Adam Ambani Mulanda
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application E093 of 2023
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time and Stay of Execution
- Outcome
- Application dismissed for want of prosecution.
- Judges
- HA Omondi
- Legal Topics
- Extension of Time, Notice of Appeal, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Richard Mapesa Matuli
Applicant
Adam Ambani Mulanda
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time and Stay of Execution
Legal Issues
- 1 Whether the applicant should be granted extension of time to file a notice of appeal and appeal out of time.
- 2 Whether the annexed memorandum of appeal should be deemed properly on record and admitted for hearing.
- 3 Whether there should be a stay of execution of the ruling delivered on 30th November 2021 pending hearing and determination of the application and intended appeal.
Ratio Decidendi
The court found that neither party had filed written submissions and the respondent had not responded to the application. The applicant failed to prosecute the application, leading the court to conclude that the applicant had lost interest in the matter. Consequently, the application was dismissed for want of prosecution under Rule 58(1) of the Court of Appeal Rules. No orders were made as to costs.
Court Disposition
Application dismissed for want of prosecution.
Orders
- The application dated 1st August, 2023 is dismissed for want of prosecution under Rule 58(1) of the Court of Appeal Rules.
- No orders as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
Matuli v Mulanda (Civil Application E093 of 2023) [2023] KECA 1367 (KLR) (17 November 2023) (Ruling)
Neutral citation: [2023] KECA 1367 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Civil Application E093 of 2023
HA Omondi, JA
November 17, 2023
Between
Richard Mapesa Matuli
Applicant
and
Adam Ambani Mulanda
Respondent
(An application for extension of time to file Notice of Appeal out of time, and leave to file appeal out of time from the ruling of the Environment and Land Court at Kakamega, (D. Ohungo,J.) dated 30th November 2021 in ELC. No. 228 of 2017 Environment & Land Case 228 of 2017 )
Ruling
1. The Application dated 1st August, 2023 brought pursuant to Rule 4 Court of Appeal Rules, 2010 seeks;i.Leave for extension of time to file a notice of appeal; and the intended appeal;ii.that the annexed memorandum of appeal be deemed as properly on record, and be admitted for hearing;iii.there be stay of execution of the ruling delivered on 30th November 2021, pending hearing and determination of the application and the intended appeal;iv.costs be in the cause.
2. The application is supported by the affidavit of even date sworn by Richard Mapesa Matuli who deposes that due to ill health, he was not in a position to instruct his counsel to file the appeal in a timely manner, although his advocate has now requested for the decree as well as the certified typed proceedings emanating from the court; and a draft notice of appeal has also been prepared.
3. The matter was listed for hearing on 1st November 2023, but the respondent had not filed any response to the application; and none of the parties filed any written submissions. The only rational conclusion to make is that the applicant has lost interest in the matter which is now deemed as unprosecuted. It is thus dismissed for want of prosecution under rule 58 (1) of the Court of Appeal Rules. I make no orders on costs.
DATED AND DELIVERED AT KISUMU THIS 17TH DAY OF NOVEMBER, 2023. H. A. OMONDI...................................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR