[2022] KEELC 14949 (KLR)
The court found that the appellant had failed to prosecute the appeal and had not served the respondents as required by law. This lack of action cannot be condoned by the court. In accordance with Order 42 Rule 13 of the Civil Procedure Rules, the court directed that the Deputy Registrar issue a notice to the...
Source-derived case information.
- Citation
- [2022] KEELC 14949 (KLR)
- Parties
- Appellant: Alfred Miheso; Respondent: Lydiah Kathuri; Respondent: Daniel Thuranira
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E007 of 2022
- Procedural Posture
- Environment and Land Appeal / Directions Before Hearing
- Outcome
- Notice to issue to the appellant to attend court for directions; no substantive determination on the merits of the appeal.
- Judges
- PM Njoroge
- Legal Topics
- Appeal Directions, Service of Process, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Miheso
Appellant
Lydiah Kathuri
Respondent
Daniel Thuranira
Respondent
Procedural Posture
Environment and Land Appeal / Directions Before Hearing
Legal Issues
- 1 Whether the appellant has prosecuted the appeal with due diligence.
- 2 Whether the appellant has served the suit upon the respondents as required.
- 3 What directions should be given in light of the appellant's inaction.
Ratio Decidendi
The court found that the appellant had failed to prosecute the appeal and had not served the respondents as required by law. This lack of action cannot be condoned by the court. In accordance with Order 42 Rule 13 of the Civil Procedure Rules, the court directed that the Deputy Registrar issue a notice to the appellant to attend court for directions. The court emphasized the need for efficiency and adherence to procedural requirements, warning that continued inaction may result in further adverse orders.
Court Disposition
Notice to issue to the appellant to attend court for directions; no substantive determination on the merits of the appeal.
Orders
- The Deputy Registrar is directed to inform the appellant that the appeal will be listed for directions by the Judge in chambers on 16th January, 2023.
- Notice to issue to the appellant to come to court for directions on 16th January, 2023.
Full Case Text
Judgment text and source record
21 paragraphs
Miheso v Kathuri & another (Environment and Land Appeal E007 of 2022) [2022] KEELC 14949 (KLR) (21 November 2022) (Ruling)
Neutral citation: [2022] KEELC 14949 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment and Land Appeal E007 of 2022
PM Njoroge, J
November 21, 2022
Between
Alfred Miheso
Appellant
and
Lydiah Kathuri
1st Respondent
Daniel Thuranira
2nd Respondent
Ruling
1. The parties in this case were supposed to come to court for directions on November 21, 2022. They did not come to court. From a perusal of the court records, there is no evidence that the appellant has served the suit upon the respondents.I do note that an application for stay of execution of the apposite Judgement was dismissed on 24th October, 2022.
2. There is an apparent lack of prosecution of the case by the appellant. This conduct cannot be countenanced by the court.
3. In terms of the provision of Order 42 Rule 13 of the Civil Procedure Rules, the Deputy Registrar of this court is directed to inform the appellant that this appeal will be listed for giving directions by the Judge in chambers on 16th January, 2023.
4. For efficiency purposes, I order that Notice do issue to the appellant to come to court for directions on 16th January, 2023.
DELIVERED IN OPEN COURT AT ISIOLO THIS 21ST DAY OF NOVEMBER, 2022 IN THE PRESENCE OF;Court assistant: BaloziAppellant and Respondents not in court.HON. JUSTICE P.M NJOROGEJUDGE