[2024] KEHC 1310 (KLR)
The appellants were given sufficient opportunity to file and exchange written submissions as directed by the court. Despite extensions and clear directions, the appellants failed to comply. The court found that this amounted to a lack of prosecution of the appeal. Consequently, the appeal was dismissed for want of...
Source-derived case information.
- Citation
- [2024] KEHC 1310 (KLR)
- Parties
- Appellant: George Njihia Muingai; Appellant: Peter Muingai Njihia; Respondent: Sharon Marenya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E175 of 2022
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed for want of prosecution with costs to the respondent
- Judges
- JN Mulwa
- Legal Topics
- Appeal Dismissal, Want of Prosecution, Written Submissions, Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Njihia Muingai
Appellant
Peter Muingai Njihia
Appellant
Sharon Marenya
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution due to the appellants' failure to file written submissions as directed by the court.
Ratio Decidendi
The appellants were given sufficient opportunity to file and exchange written submissions as directed by the court. Despite extensions and clear directions, the appellants failed to comply. The court found that this amounted to a lack of prosecution of the appeal. Consequently, the appeal was dismissed for want of prosecution, and costs were awarded to the respondent.
Court Disposition
appeal dismissed for want of prosecution with costs to the respondent
Orders
- The appeal dated 21st March, 2022 is dismissed for want of prosecution.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
24 paragraphs
Muingai & another v Marenya (Civil Appeal E175 of 2022) [2024] KEHC 1310 (KLR) (Civ) (15 February 2024) (Judgment)
Neutral citation: [2024] KEHC 1310 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal E175 of 2022
JN Mulwa, J
February 15, 2024
Between
George Njihia Muingai
1st Appellant
Peter Muingai Njihia
2nd Appellant
and
Sharon Marenya
Respondent
(Being an Appeal from the Ruling of Hon. SRM. J. P. Omollo delivered on 18/03/2022)
Judgment
1. This Appeal is against the trial court’s ruling dated 18/03/2022. On the 27/07/2023, the Appeal was admitted for hearing and directions taken pursuant to Order 42 Rule 13 of the Civil Procedure Rules 2010, in presence of both parties Advocates that the Appeal would be disposed of by way of written submissions; each within 30 days.
2. On the 12/10/2023, parties attended court to take a judgment date. However, the court noted that the Appellant had not filed its submissions upon which the Respondent would file its submissions. The court gave the Appellant 14 more days to file and exchange its submissions to enable the Respondent file its submissions.
3. The Appellant once again failed to comply with the court directions. The Respondent filed its submissions dated 31/10/2023 without the benefit of the Appellants submissions.The court then scheduled the judgment for the 15/02/2024.
4. As at 12/02/2024 when the court was preparing the judgment, the Appellant had not filed its submissions.In the circumstances, despite the Appellant having been given sufficient opportunity to prosecute its appeal, it failed to do so.
5. Consequently, the Appeal dated 21st March, 2022 is dismissed for want of prosecution with costs to the Respondent.Orders accordingly.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 15TH DAY OF FEBRUARY, 2024. J. N. MULWAJUDGE