[2024] KEHC 14616 (KLR)
The court found that the appellant failed to comply with the conditional stay of execution order by not depositing half the decretal sum, costs, and interest within thirty days as directed in the ruling of 16th January, 2024. The order was self-executing, and upon lapse of the thirty-day period, the application...
Source-derived case information.
- Citation
- [2024] KEHC 14616 (KLR)
- Parties
- Appellant: Antony Njenga Mwangi; Respondent: Margaret Waithira Kaminja
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E209 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Compliance and Dismissal for Want of Prosecution
- Outcome
- Application dated 26th June, 2023 dismissed for non-compliance; Notice to Show Cause issued regarding dismissal of the appeal for want of prosecution.
- Judges
- DO Chepkwony
- Legal Topics
- Stay of Execution, Security for Costs, Dismissal for Want of Prosecution
- 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
Antony Njenga Mwangi
Appellant
Margaret Waithira Kaminja
Respondent
Procedural Posture
Civil Appeal / Ruling on Compliance and Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appellant complied with the conditional stay of execution order by depositing half the decretal sum, costs, and interest within the stipulated period.
- 2 Whether the application dated 26th June, 2023 stands dismissed for non-compliance with the court's order.
- 3 Whether the appeal should be dismissed for want of prosecution under Order 42 Rule 35(2) of the Civil Procedure Rules.
Ratio Decidendi
The court found that the appellant failed to comply with the conditional stay of execution order by not depositing half the decretal sum, costs, and interest within thirty days as directed in the ruling of 16th January, 2024. The order was self-executing, and upon lapse of the thirty-day period, the application dated 26th June, 2023 stood automatically dismissed. Furthermore, the appellant's continued absence from court and failure to file a record of appeal demonstrated a lack of interest in prosecuting the appeal. Consequently, the court issued a Notice to Show Cause to the appellant as to why the appeal should not be dismissed for want of prosecution under Order 42 Rule 35(2) of the...
Court Disposition
Application dated 26th June, 2023 dismissed for non-compliance; Notice to Show Cause issued regarding dismissal of the appeal for want of prosecution.
Orders
- The application dated 26th June, 2023 stands dismissed for failure to comply with the conditional stay order of 16th January, 2024.
- Notice to Show Cause issued to the appellant to explain why the appeal should not be dismissed for want of prosecution under Order 42 Rule 35(2) of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
22 paragraphs
Mwangi v Kaminja (Civil Appeal E209 of 2023) [2024] KEHC 14616 (KLR) (14 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14616 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Appeal E209 of 2023
DO Chepkwony, J
November 14, 2024
Between
Antony Njenga Mwangi
Appellant
and
Margaret Waithira Kaminja
Respondent
Ruling
1. The matter is for mention for parties to confirm compliance of orders issued vide a ruling delivered on 16th January, 2021 on the Notice of Motion application dated 26th June, 2023.
2. It is worth noting that the Appellant and or counsel are not in attendance, and they have not also sent representation to explain their absence.
3. Having listened to counsel for the Respondent, I have perused the record and established that since 25th September, 2023, the Appellant's counsel has never attended court.
4. In the ruling delivered on 16th January, 2024, the court granted the Appellant stay of execution on condition that he deposits half the decretal sum together with costs and interest in court within thirty (30) days from the date of the ruling, failure to which, the application dated 26th June, 2023 would stand dismissed.
5. The Respondent’s counsel has infirmed court that the Appellant has neither deposited the security sum as ordered by this court nor filed a Record of Appeal to shoe he has an interest or that he is still interested in prosecuting the appeal.
6. In view of this, it will be noted that the thirty (30) days period within which the Appellant was to deposit the security sum automatically lapsed on 17th February, 2024. Therefore, the application dated 26th June, 2023 stood automatically dismissed since the orders of 16th January, 2024 were self-executing.
7. With regard to the entire appeal, this court issued a Notice to Show Cause upon the appellant to come to show cause why the appeal should not be dismissed for want of prosecution pursuant to Order 42 Rule 35(2) of the Civil Procedure Rules.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 14TH DAY OF NOVEMBER, 2024. D. O. CHEPKWONYJUDGEIn the presence of:Mrs. Kenga holding brief for M/S Mutunga counsel for RespondentNo appearance for the AppellantCourt Assistant - Martin