[2024] KEHC 1742 (KLR)
The court found that the appellants failed to file their written submissions within the time granted by the court, even after an extension of 14 days. This failure amounted to non-compliance with the court's directions and demonstrated a lack of interest in prosecuting the appeal. Pursuant to Order 42 Rule 35 of the...
Source-derived case information.
- Citation
- [2024] KEHC 1742 (KLR)
- Parties
- Appellant: Peter Nguba; Appellant: Isaac Wambugu Wachira; Appellant: John Ngure; Respondent: Moses Ntongai George
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E351 of 2022
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed for want of prosecution with costs to the respondent
- Judges
- JN Mulwa
- Legal Topics
- Dismissal for Want of Prosecution, Appeal Procedure, Filing of Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Nguba
Appellant
Isaac Wambugu Wachira
Appellant
John Ngure
Appellant
Moses Ntongai George
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution due to failure by the appellants to file written submissions within the extended timelines.
Ratio Decidendi
The court found that the appellants failed to file their written submissions within the time granted by the court, even after an extension of 14 days. This failure amounted to non-compliance with the court's directions and demonstrated a lack of interest in prosecuting the appeal. Pursuant to Order 42 Rule 35 of the Civil Procedure Rules, the court exercised its discretion to dismiss the appeal for want of prosecution, awarding costs to the respondent.
Court Disposition
appeal dismissed for want of prosecution with costs to the respondent
Orders
- The appeal is dismissed for want of prosecution.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
23 paragraphs
Nguba & 2 others v George (Civil Appeal E351 of 2022) [2024] KEHC 1742 (KLR) (Civ) (22 February 2024) (Judgment)
Neutral citation: [2024] KEHC 1742 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal E351 of 2022
JN Mulwa, J
February 22, 2024
Between
Peter Nguba
1st Appellant
Isaac Wambugu Wachira
2nd Appellant
John Ngure
3rd Appellant
and
Moses Ntongai George
Respondent
Judgment
1. This Appeal was admitted for hearing and directions taken under Order 42 Rule 13 of the Civil Procedure Rules on 26/07/2023. Parties sought to dispose the Appeal by way of written submissions; the Appellant within 21 days upon service the Respondent within 21 days with a mention for compliance and taking judgment date on 12/10/2023.
2. On 12/10/2023, the Appellants had not filed their submissions. The court extended the time to file the submissions by14 days.That did not happen so the Respondent filed its submissions dated 3/11/2023 without the benefit of the Appellants submissions. Judgment was reserved for 22/02/2024.
3. By 19/02/2024 the Appellants had not filed their submissions. In the circumstances and pursuant to Provisions of Order 42 Rule 35 of the Civil Procedure Rules 2010, the Appeal is dismissed for want of prosecution with costs to the Respondent.Orders accordingly.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 22ND DAY OF FEBRUARY, 2024. J. N. MULWAJUDGE