[2025] KEELC 1383 (KLR)
The court found that the appellant failed to comply with its order to file and serve the record of appeal within 30 days from 12/2/2025. The respondents confirmed service of the order, and there was no evidence of compliance by the appellant. Consequently, the appeal stood dismissed for want of prosecution upon...
Source-derived case information.
- Citation
- [2025] KEELC 1383 (KLR)
- Parties
- Appellant: Julius Kinge Mutiga; Respondent: Small Holders Entrepreneurship Empowerment Program (K) Ltd; Respondent: Africa Banking Corporation Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E035 of 2023
- Procedural Posture
- Environment and Land Appeal / Ruling on Compliance With Court Order to File Record of Appeal
- Outcome
- Appeal dismissed for want of prosecution due to non-compliance with court order.
- Judges
- BM Eboso
- Legal Topics
- Dismissal for Want of Prosecution, Record of Appeal Filing, Compliance With Court Orders
- 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
Julius Kinge Mutiga
Appellant
Small Holders Entrepreneurship Empowerment Program (K) Ltd
Respondent
Africa Banking Corporation Limited
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Compliance With Court Order to File Record of Appeal
Legal Issues
- 1 Whether the appellant complied with the court order to file and serve the record of appeal within the stipulated period.
- 2 Whether the appeal should be dismissed for want of prosecution due to non-compliance.
Ratio Decidendi
The court found that the appellant failed to comply with its order to file and serve the record of appeal within 30 days from 12/2/2025. The respondents confirmed service of the order, and there was no evidence of compliance by the appellant. Consequently, the appeal stood dismissed for want of prosecution upon expiry of the 30-day period. The court further ordered that the appellant bear the costs of the parties who appeared and participated in the appeal.
Court Disposition
Appeal dismissed for want of prosecution due to non-compliance with court order.
Orders
- The appeal stands dismissed for want of prosecution.
- The appellant shall bear the costs of the parties who appeared and participated in the appeal.
Full Case Text
Judgment text and source record
20 paragraphs
Mutiga v Small Holders Entrepreneurship Empowerment Program (K) Ltd & another (Environment and Land Appeal E035 of 2023) [2025] KEELC 1383 (KLR) (17 March 2025) (Ruling)
Neutral citation: [2025] KEELC 1383 (KLR)
Republic of Kenya
In the Environment and Land Court at Meru
Environment and Land Appeal E035 of 2023
BM Eboso, J
March 17, 2025
Between
Julius Kinge Mutiga
Appellant
and
Small Holders Entrepreneurship Empowerment Program (K) Ltd
1st Respondent
Africa Banking Corporation Limited
2nd Respondent
Ruling
1. This appeal was filed on11/5/2023. On 12/2/2025, this court ordered the appellant to file and serve the record of appeal within 30 days from that date. In default, the appeal was to stand dismissed for want of prosecution.
2. Counsel for the respondents has today confirmed that he extracted and subsequently served the order of the court on 14/2/2025. He contends that there has been no compliance.
3. In the absence of evidence of compliance, this appeal stands dismissed. It stood dismissed on expiry of the 30 days. The appellant shall bear costs of the parties who appeared and participated in the appeal. It is so ordered.
DATED SIGNED AND DELIVERED AT MERU ON 17TH MARCH, 2025B.M EBOSO [MR]JUDGE