[2019] KEHC 5537 (KLR)
The court found that the appellant had failed to comply with the order to deposit the decretal sum and to file and serve the record of appeal within the prescribed timelines. The absence of the appellant's advocates, despite being served with the hearing date, further demonstrated a lack of interest in prosecuting...
Source-derived case information.
- Citation
- [2019] KEHC 5537 (KLR)
- Parties
- Appellant: Medula Academy; Respondent: Jackline Atieno Otieno Daniel Omondi Okello (suing as the legal representatives of the estate of Dominic Juma Okello (Deceased))
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 29 of 2018
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- RE Aburili
- Legal Topics
- Dismissal for Want of Prosecution, Stay of Execution, Non Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Medula Academy
Appellant
Jackline Atieno Otieno Daniel Omondi Okello (suing as the legal representatives of the estate of Dominic Juma Okello (Deceased))
Respondent
Procedural Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appellant complied with the court's order to deposit the decretal sum and file the record of appeal within the stipulated time.
- 2 Whether the appeal should be dismissed for want of prosecution due to non-compliance and inaction by the appellant.
Ratio Decidendi
The court found that the appellant had failed to comply with the order to deposit the decretal sum and to file and serve the record of appeal within the prescribed timelines. The absence of the appellant's advocates, despite being served with the hearing date, further demonstrated a lack of interest in prosecuting the appeal. Consequently, the court exercised its discretion to dismiss the appeal for want of prosecution, as the appellant had not taken any steps to advance the matter or comply with court directives.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed for want of prosecution.
- No orders as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CIVIL APPEAL NO. 29 OF 2018
(CORAM: HON. R.E. ABURILI - J)
MEDULA ACADEMY.............................................................................................................................APPELLANT
VERSUS
JACKLINE ATIENO OTIENO DANIEL OMONDI OKELLO (suing as the legal representatives of the estate
of DOMINIC JUMA OKELLO (Deceased).......................................................................................RESPONDENT
(An Appeal from the Judgment and Decree of the PM’s Court, Bondo in Civil Suit No. 61 of 2017 delivered on the 17. 10. 2018 before Hon. M. Obiero, PM)
RULING
1. The Court observes that since 10/12/2018 when the Appellant got an Order of stay of execution of Decree in the Lower court pending appeal, it has not complied with the order of depositing the decretal sum of Kshs. 2,067,700 plus Party and Party costs into court within 30 days of the said date.
2. In addition, the Appellant has not filed and served a record of appeal within 60 days of 10th December 2018.
3. In the circumstances, it is clear that the Appellant is not interested in prosecuting this appeal. Furthermore, it has not complied with orders of this COURT made on 10th December 2018.
4. Accordingly, as today’s date was served upon its advocates, who are absent, I hereby dismiss this appeal for want of prosecution.
5. I make no orders as to costs.
Orders accordingly.
Dated, signed and Delivered at Siaya, this 22nd Day of July 2019
R.E. ABURILI
JUDGE