[2024] KEHC 13721 (KLR)
The court found that the Appellant had failed to take any steps to prosecute the appeal since November 2023, and her counsel had not filed the promised application to cease acting. The absence of any action or attendance by the Appellant or her counsel, despite the issuance of a Notice to Show Cause, demonstrated a...
Source-derived case information.
- Citation
- [2024] KEHC 13721 (KLR)
- Parties
- Appellant: Mercy Njeri Ndirangu; Respondent: Grace Wambui Mwaura; Respondent: City Star Shuttle Limited
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E408 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- DO Chepkwony
- Legal Topics
- Dismissal for Want of Prosecution, Appeal Procedure, Case Backlog Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mercy Njeri Ndirangu
Appellant
Grace Wambui Mwaura
Respondent
City Star Shuttle Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 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 had failed to take any steps to prosecute the appeal since November 2023, and her counsel had not filed the promised application to cease acting. The absence of any action or attendance by the Appellant or her counsel, despite the issuance of a Notice to Show Cause, demonstrated a clear lack of interest in pursuing the appeal. In the interest of judicial efficiency and to manage case backlog, the court exercised its discretion under Order 42 Rule 35(2) of the Civil Procedure Rules to dismiss the appeal for want of prosecution.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed for want of prosecution as provided for under Order 42 Rule 35(2) of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
21 paragraphs
Ndirangu v Mwaura & another (Civil Appeal E408 of 2023) [2024] KEHC 13721 (KLR) (4 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13721 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Appeal E408 of 2023
DO Chepkwony, J
November 4, 2024
Between
Mercy Njeri Ndirangu
Appellant
and
Grace Wambui Mwaura
1st Respondent
City Star Shuttle Limited
2nd Respondent
Ruling
1. This matter is for mention for parties to show cause why the suit should not be dismissed for want of prosecution.
2. Counsel for the Respondent, M/S Wamuyu has attended court and confirm that the Appellant has not shown any interest in having the appeal prosecuted. She has supported the court in having the appeal dismissed for want of prosecution. The Notice to Show Cause was issued after the court noted that since the institution of this appeal, the Appellant’s counsel has only attended court once on 15th May, 2024 when on counsel’s application, the court granted him leave to file a formal application to cease acting for the Appellant.
3. It is worth-noting that counsel has never filed the said application and the Appellant has never attended court or taken any action to prosecute her appeal since November, 2023 which is a clear indication that she has lost interest in the matter.
4. This court therefore proceeds to unclog its system of backlog and dismisses the appeal for want of prosecution as provided for under Order 42 Rule 35(2) of the Civil Procedure Rules.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 4TH DAY OF NOVEMBER, 2024. D. O. CHEPKWONYJUDGEIn the presence of:-No appearance for and by the AppellantM/S Wamuyu counsel for the 1st RespondentCourt Assistant - Martin