[2024] KEHC 12641 (KLR)
The court found that the appellant had failed to file a record of appeal or take any steps to prosecute the appeal since its admission for hearing, and had not attended court on any of the dates set for directions. The court concluded that the appellant had lost interest in the appeal. Consequently, the appeal was...
Source-derived case information.
- Citation
- [2024] KEHC 12641 (KLR)
- Parties
- Appellant: Damian Gitari Njeru; Respondent: Benard Okeyo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E137 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- Appeal dismissed for want of prosecution with costs to the respondent.
- Judges
- MS Shariff
- Legal Topics
- Dismissal for Want of Prosecution, Appeal Procedure, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Damian Gitari Njeru
Appellant
Benard Okeyo
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution due to the appellant's inaction.
- 2 Whether costs should be awarded to the respondent upon dismissal.
Ratio Decidendi
The court found that the appellant had failed to file a record of appeal or take any steps to prosecute the appeal since its admission for hearing, and had not attended court on any of the dates set for directions. The court concluded that the appellant had lost interest in the appeal. Consequently, the appeal was dismissed for want of prosecution, and costs were awarded 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 assessed at Kshs. 25,000 are awarded to the respondent.
Full Case Text
Judgment text and source record
17 paragraphs
Njeru v Okeyo (Civil Appeal E137 of 2023) [2024] KEHC 12641 (KLR) (2 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12641 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal E137 of 2023
MS Shariff, J
October 2, 2024
Between
Damian Gitari Njeru
Appellant
and
Benard Okeyo
Respondent
Ruling
1. I have considered the oral application made by Ms. Miheso Counsel for the Respondent craving for dismissal of this appeal for want of prosecution and I have perused the court record and I have established that indeed whereas this appeal was admitted for hearing on 11. 4.2024 the Appellant has not taken any steps to file a record of appeal to date yet the original file is in the court record. Further he has never attended court in any of the dates set for directions wherefore it is obvious that he has lost interest in this appeal wherefore I hereby dismiss it for want of persecution with costs to the Respondent assessed at Kshs.25,000.
2. This file is marked as closed.
DELIVERED, DATED AND SIGNED AT KISUMU THIS 2ND DAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE