[2024] KEHC 8204 (KLR)
The court found that the appellant failed to comply with explicit court directions to file and serve the record of appeal within the stipulated period and failed to appear at the scheduled hearing. This conduct demonstrated a lack of interest in prosecuting the appeal. The respondent's application for dismissal was...
Source-derived case information.
- Citation
- [2024] KEHC 8204 (KLR)
- Parties
- Appellant: Mbukinya Success (K) Limited; Respondent: Kamau Kiama
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E180 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution with costs to the respondent
- Judges
- JK Ng'arng'ar
- Legal Topics
- Dismissal for Want of Prosecution, Appeal Procedure, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mbukinya Success (K) Limited
Appellant
Kamau Kiama
Respondent
Procedural Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution due to the appellant's failure to file and serve the record of appeal within the court-ordered timeline.
- 2 Whether costs should be awarded to the respondent upon dismissal of the appeal.
Ratio Decidendi
The court found that the appellant failed to comply with explicit court directions to file and serve the record of appeal within the stipulated period and failed to appear at the scheduled hearing. This conduct demonstrated a lack of interest in prosecuting the appeal. The respondent's application for dismissal was therefore merited. In accordance with the Civil Procedure Rules and established principles, the appeal was dismissed for want of prosecution, and costs were awarded to the respondent, assessed at Kshs. 25,000.
Court Disposition
appeal dismissed for want of prosecution with costs to the respondent
Orders
- The appeal is dismissed for want of prosecution.
- Costs assessed at Kshs. 25,000 are awarded to the respondent.
Full Case Text
Judgment text and source record
22 paragraphs
Mbukinya Success (K) Limited v Kiama (Civil Appeal E180 of 2023) [2024] KEHC 8204 (KLR) (26 June 2024) (Ruling)
Neutral citation: [2024] KEHC 8204 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Appeal E180 of 2023
JK Ng'arng'ar, J
June 26, 2024
Between
Mbukinya Success (K) Limited
Appellant
and
Kamau Kiama
Respondent
Ruling
1. The appeal herein was lodged on 12/6/2023. Proceedings and Judgment of the lower court lodged on 14/6/2023.
2. Application for stay dated 7/7/2023 was allowed on 14/7/2023.
3. The appellant thereafter did nothing to prosecute the appeal after directions had been given on 15/2/2024.
4. On 29/4/2024 the court directed that the Appellant do file and serve a record of appeal within 21 days from that date.
5. The Appellant failed to comply and this matter came up for hearing of the appeal on 3/6/2024. The appellants failed to appear too.
6. Mr. Kamau for the Respondents applied for the appeal to be dismissed. Going by the record, I do find that the appellant is not interested to prosecute this appeal.
7. Consequently, I do proceed to dismiss the appeal with costs to the Respondent. Costs are assessed at Kshs. 25,000/=.
DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF JUNE, 2024. ………………J.K. NG’ARNG’AR, HSCJUDGEIn the presence of:-Kimondo Gachoka & Company Advocates for the Appellant/Applicant – No appearanceMwaura Kamau & Company Advocates for the Respondent – No appearanceCourt Assistant- Peter Ong’idi