[2017] KEELC 2015 (KLR)
The court found that notice to show cause was properly issued to the parties. The appellant failed or refused to appear and show cause why the appeal should not be dismissed for want of prosecution. The respondent appeared and demonstrated that the appellant had previously filed a related appeal which was dismissed....
Source-derived case information.
- Citation
- [2017] KEELC 2015 (KLR)
- Parties
- Appellant: Nkinga Mbiriga; Respondent: Festus Mbaya
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 76 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Appeals Process, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nkinga Mbiriga
Appellant
Festus Mbaya
Respondent
Procedural Posture
Civil Appeal / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution under Order 17 of the Civil Procedure Rules.
- 2 Whether the appellant has shown sufficient cause to prevent dismissal of the appeal.
Ratio Decidendi
The court found that notice to show cause was properly issued to the parties. The appellant failed or refused to appear and show cause why the appeal should not be dismissed for want of prosecution. The respondent appeared and demonstrated that the appellant had previously filed a related appeal which was dismissed. In the absence of any explanation or action from the appellant, and in accordance with Order 17 of the Civil Procedure Rules, the court determined that the appeal should be dismissed for want of prosecution.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is hereby dismissed for want of prosecution.
- No order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC [CA] CASE NO 76 OF 2017
FORMERLY MERU ELC [CA] CASE NO. 155 OF 2013
NKINGA MBIRIGA........................................................APPELLANT
VERSUS
FESTUS MBAYA......................................................RESPONDENT
RULING
1. Notice was properly issued for parties to come to court to show cause why this appeal should not be dismissed for want of prosecution in terms of order 17 Civil Procedure Rules.
2. Notice was also issued by the Deputy Registrar that this suit was being listed before me for dismissal.
3. On 25. 7.2017, only the respondent was in court. The appellant was absent.
4. The respondent told the court that the appellant had filed an appeal in Embu Civil Appeal No. 29 of 2003 which appeal was dismissed. He urged the court to dismiss this appeal.
5. I find that the respondent has shown cause why this appeal should not be dismissed. I also find that the appellant has failed or refused to show cause why this appeal should NOT be dismissed.
6. In the circumstances, this appeal is hereby dismissed.
7. I issue no order as to costs.
Delivered in open court at Chuka this 25th day of July, 2017 in the presence of:
CA: Ndegwa
Festus Mbaya - respondent
P.M. NJOROGE
JUDGE