[2011] KEHC 465 (KLR)
The court found that the appellant had failed to take any steps to prosecute the appeal after directions were given on 1/3/2011. The respondent properly applied for dismissal under Order 42 Rule 35(1) of the Civil Procedure Rules. The appellant was served but did not respond or appear. The court concluded that there...
Source-derived case information.
- Citation
- [2011] KEHC 465 (KLR)
- Parties
- Appellant: Ngungi Ngari; Respondent: Elijah Njoroge Mwangi
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 114 of 2009
- Procedural Posture
- Civil Appeal / Application for Dismissal for Want of Prosecution
- Outcome
- Appeal dismissed for want of prosecution with costs to the respondent.
- Legal Topics
- Dismissal for Want of Prosecution, Appeal Procedure, Case Management
- 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
Ngungi Ngari
Appellant
Elijah Njoroge Mwangi
Respondent
Procedural Posture
Civil Appeal / Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution under Order 42 Rule 35(1) of the Civil Procedure Rules.
Ratio Decidendi
The court found that the appellant had failed to take any steps to prosecute the appeal after directions were given on 1/3/2011. The respondent properly applied for dismissal under Order 42 Rule 35(1) of the Civil Procedure Rules. The appellant was served but did not respond or appear. The court concluded that there was no justification for the delay and, in the absence of any opposition, dismissed the appeal for want of prosecution with costs to the respondent.
Court Disposition
Appeal dismissed for want of prosecution with costs to the respondent.
Orders
- The memorandum of appeal is dismissed for want of prosecution.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CIVIL APPEAL NO. 114 OF 2009
(Being an Appeal from the Judgment of the Senior Resident Magistrate S.M. MOKUA i
n Civil Case No. 40 of 2007 at Siakago – PM Court)
NGUNGI NGARI..................................................................................................APPELLANT
VERSUS
ELIJAH NJOROGE MWANGI.......................................................................RESPONDENT
R U L I N G
This is the Notice of Motion dated 2/8/2011 under Order 42 Rule 35 Civil Procedure Rules for dismissal of the Memorandum of Appeal filed on 29/8/2009. It is supported by the affidavit of Macharia Muraguri. The record is clear that directions were given on 1/3/2011.
To date the Appellant has taken no steps to prosecute his appeal. The Respondent made an election to apply for dismissal under Order 42 Rule 35(1) of the Civil Procedure Rules.
The Appellant was served and has not filed any Replying Affidavit nor appeared for hearing.
Order
I therefore dismiss the memorandum of Appeal for want of prosecution with costs to the Respondent.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT EMBU THIS 18TH DAY OF OCTOBER 2011.
H. I. ON’GUDI
JUDGE