[2024] KEHC 8375 (KLR)
The court found that the appellant had blatantly breached the court's orders by failing to file and serve the record of appeal within the time directed. The court emphasized that court orders must be respected and that continued non-compliance indicates a lack of interest in pursuing the appeal. Consequently, the...
Source-derived case information.
- Citation
- [2024] KEHC 8375 (KLR)
- Parties
- Appellant: Nakonns Travellers Sacco; Respondent: Jasinta Wambui Gatimu & Kennedy Njenga Wambui (Claiming as the administrators of the Estate of Benjamin Njoroge Wambui - Deceased)
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E022 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Application for Dismissal of Appeal for Non Compliance
- Outcome
- appeal dismissed for non-compliance with court orders
- Judges
- JK Ng'arng'ar
- Legal Topics
- Appeal Dismissal, 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
Nakonns Travellers Sacco
Appellant
Jasinta Wambui Gatimu & Kennedy Njenga Wambui (Claiming as the administrators of the Estate of Benjamin Njoroge Wambui - Deceased)
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Dismissal of Appeal for Non Compliance
Legal Issues
- 1 Whether the appellant's failure to comply with court orders warrants dismissal of the appeal.
- 2 Whether the court should grant the respondent's oral application to dismiss the appeal for want of prosecution.
Ratio Decidendi
The court found that the appellant had blatantly breached the court's orders by failing to file and serve the record of appeal within the time directed. The court emphasized that court orders must be respected and that continued non-compliance indicates a lack of interest in pursuing the appeal. Consequently, the court exercised its discretion to dismiss the appeal, finding no justification to deny the respondent's application for dismissal.
Court Disposition
appeal dismissed for non-compliance with court orders
Orders
- The appeal is hereby dismissed.
- Each party to bear their own costs.
Full Case Text
Judgment text and source record
20 paragraphs
Nakonns Travellers Sacco v Gatimu & another (Claiming as the administrators of the Estate of Benjamin Njoroge Wambui - Deceased) (Civil Appeal E022 of 2022) [2024] KEHC 8375 (KLR) (26 June 2024) (Ruling)
Neutral citation: [2024] KEHC 8375 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Appeal E022 of 2022
JK Ng'arng'ar, J
June 26, 2024
Between
Nakonns Travellers Sacco
Appellant
and
Jasinta Wambui Gatimu & Kennedy Njenga Wambui (Claiming as the administrators of the Estate of Benjamin Njoroge Wambui (Deceased)
Respondent
Ruling
1. The appellant moved this court vide an application dated 23/9/2022 seeking orders for stay of execution of the decree issued in SPMCC E45 of 2020.
2. On 28/4/2024, my sister Lady Justice D. O Chepkwony directed the appellant to file and serve a record of appeal within 21 days thereof. By the time this matter came up for mention before this Court on 4/6/2024, the appellant had not complied with those directions and this position was also reiterated by the respondent’s advocate who made an oral application that the appeal be dismissed with costs.
3. I note that the appellant is in blatant breach of the orders of this court. It is trite that court orders are not given in vain. It is doubtful whether the appellant is interested in pursuing the intended appeal in light of the continued contempt of court orders. I see no reason to deny the orders sought.
4. The upshot is that the appeal is hereby dismissed. Each party to bear their own costs.
It is so ordered.
DATED AND DELIVERED VIRTUALLY IN NAIROBI THIS 26TH DAY OF JUNE, 2024. .......................J.K. NG’ARNG’AR, HSCJUDGEIn the presence of:-Omache for the AppellantMugo holding brief for the RespondentCourt Assistant- Peter Ong’idi