[2024] KEHC 8960 (KLR)
The court found that neither party had filed written submissions as directed, and there was an earlier indication that the matter had been settled. The lack of action by both parties demonstrated a lack of interest in prosecuting the appeal. Accordingly, the court exercised its discretion to dismiss the appeal and...
Source-derived case information.
- Citation
- [2024] KEHC 8960 (KLR)
- Parties
- Appellant: Patrick Mugendi Njagi; Respondent: Christine Kembo Asuga
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E413 of 2023
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed for want of prosecution; each party to bear its own costs.
- Judges
- AB Mwamuye
- Legal Topics
- Appeal Withdrawal, Costs Orders, Settlement, Failure to Prosecute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Mugendi Njagi
Appellant
Christine Kembo Asuga
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appeal should be dismissed due to lack of prosecution and apparent settlement between the parties.
- 2 Whether costs should be awarded to any party upon dismissal of the appeal.
Ratio Decidendi
The court found that neither party had filed written submissions as directed, and there was an earlier indication that the matter had been settled. The lack of action by both parties demonstrated a lack of interest in prosecuting the appeal. Accordingly, the court exercised its discretion to dismiss the appeal and ordered that each party bear its own costs, reflecting the apparent settlement and mutual disinterest in further litigation.
Court Disposition
appeal dismissed for want of prosecution; each party to bear its own costs.
Orders
- The appeal is dismissed.
- Each party shall bear its own costs.
Full Case Text
Judgment text and source record
19 paragraphs
Njagi v Asuga (Civil Appeal E413 of 2023) [2024] KEHC 8960 (KLR) (4 July 2024) (Judgment)
Neutral citation: [2024] KEHC 8960 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Appeal E413 of 2023
AB Mwamuye, J
July 4, 2024
Between
Patrick Mugendi Njagi
Appellant
and
Christine Kembo Asuga
Respondent
Judgment
1. The Appellant filed a Notice of Withdrawal dated 24th May, 2024 by which the Appellant sought to withdraw the Appeal herein with no orders as to costs; on the grounds that the matter was said to have been settled.
2. However, when the matter came up for Mention on 4th June, 2024 Counsel for the Appellant made no reference to the Notice of Withdrawal. On the contrary, she informed the Court that the Record of Appeal had been filed and that the Appellant would require fourteen (14) days to file and serve written submissions.
3. This Court granted the Appellant fourteen days leave to file and serve written submissions as prayed for; with the Respondent having corresponding leave from the date of service. This Court then directed that at the lapse of twenty-eight (28) days from 4th June, 2024 the matter would be reserved for judgment and judgment would be delivered on 4th July, 2024 at 10:30am.
4. Neither party has filed written submissions. It would appear that the parties are no longer keen on this matter, perhaps because the dispute has indeed been settled between them. Consequently, I dismiss this Appeal, and each party shall bear its own costs.
DATED, SIGNED AND DELIVERED VIRTUALLY IN NAIROBI THIS 4TH DAY OF JULY, 2024. BAHATI MWAMUYEJUDGEIn the presence of:N/A for the AppellantN/A for the RespondentMs Achieng, Court Assistant