[2024] KEHC 10767 (KLR)

[2024] KEHC 10767 (KLR)

The court found that the applicant, despite being served with a hearing notice via email, failed to attend court or prosecute her application dated 20.2.2024. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the application for want of prosecution and/or attendance. The...

Source-derived case information.

Citation
[2024] KEHC 10767 (KLR)
Parties
Appellant: Alice Atieno Odera; Respondent: Jayvantkumar Parsottam Gumasana t/a Sierra Heights Apartments
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Appeal E032 of 2024
Procedural Posture
Civil Appeal / Ruling on Interlocutory Application and Directions for Appeal
Outcome
Application dated 20.2.2024 dismissed for want of prosecution; directions issued for further conduct of appeal.
Judges
MS Shariff
Legal Topics
Dismissal for Non Attendance, Record of Appeal Filing, Submissions Timeline
Source Language
en
Civil Procedure Dismissal for Non Attendance Record of Appeal Filing Submissions Timeline

Source-derived case record

Summary, issues, holding and outcome

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Parties

Alice Atieno Odera

Appellant

Jayvantkumar Parsottam Gumasana t/a Sierra Heights Apartments

Respondent

Procedural Posture

Civil Appeal / Ruling on Interlocutory Application and Directions for Appeal

Legal Issues

  1. 1 Whether the applicant's application dated 20.2.2024 should be dismissed for want of prosecution and/or attendance.
  2. 2 What directions should be given for the further conduct of the appeal.

Ratio Decidendi

The court found that the applicant, despite being served with a hearing notice via email, failed to attend court or prosecute her application dated 20.2.2024. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the application for want of prosecution and/or attendance. The court further issued directions to ensure the expeditious hearing of the substantive appeal, requiring the appellant to file the record of appeal and submissions within specified timelines, and the respondent to file submissions thereafter. The matter was set for mention to confirm compliance with these directions.

Court Disposition

Application dated 20.2.2024 dismissed for want of prosecution; directions issued for further conduct of appeal.

Orders

  • The application dated 20.2.2024 is dismissed for want of prosecution and/or attendance.
  • The appellant is directed to file a record of appeal within 14 days from the date of the ruling and submissions within 21 days.