[2025] KECA 552 (KLR)
The court dismissed the application dated 5th December 2022 due to the parties' failure to file written submissions or otherwise prosecute the application. The absence of any response or action by the parties justified dismissal for want of prosecution. The court exercised its discretion not to award costs,...
Source-derived case information.
- Citation
- [2025] KECA 552 (KLR)
- Parties
- Appellant: Ogiek Independent Council of South West Mau Forest (Konoin-Bomet); Respondent: Rodgers Mugumya
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E083 of 2023
- Procedural Posture
- Civil Appeal / Order on Application for Want of Prosecution
- Outcome
- Application dismissed for want of prosecution with no order as to costs.
- Judges
- GV Odunga
- Legal Topics
- Dismissal for Want of Prosecution, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ogiek Independent Council of South West Mau Forest (Konoin-Bomet)
Appellant
Rodgers Mugumya
Respondent
Procedural Posture
Civil Appeal / Order on Application for Want of Prosecution
Legal Issues
- 1 Whether the application dated 5th December 2022 should be dismissed for want of prosecution.
Ratio Decidendi
The court dismissed the application dated 5th December 2022 due to the parties' failure to file written submissions or otherwise prosecute the application. The absence of any response or action by the parties justified dismissal for want of prosecution. The court exercised its discretion not to award costs, considering the circumstances.
Court Disposition
Application dismissed for want of prosecution with no order as to costs.
Orders
- The application dated 5th December 2022 is dismissed for want of prosecution.
- There is no order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
Ogiek Independent Council of South West Mau Forest (Konoin-Bomet) v Mugumya (Civil Appeal E083 of 2023) [2025] KECA 552 (KLR) (27 March 2025) (Order)
Neutral citation: [2025] KECA 552 (KLR)
Republic of Kenya
In the Court of Appeal at Nakuru
Civil Appeal E083 of 2023
GV Odunga, JA
March 27, 2025
Between
Ogiek Independent Council of South West Mau Forest (Konoin-Bomet)
Appellant
and
Rodgers Mugumya
Respondent
(Being an appeal from the ruling of the Environment and Land Court of Kenya, Kericho (M. C. Oundo, J.) delivered on the 27th April 2023 in Constitutional Petition No. 5 of 2017)
Order
1. The application dated 5th December 2022 was fixed before me for hearing on 27th March 2025. However, there was no response and the parties had not filed any written submissions.
2. Accordingly, the same is dismissed for want of prosecution but with no order as to costs.Orders accordingly.
MADE AND DATED AT NAKURU THIS 27TH DAY OF MARCH, 2025. I certify that this is a true copy of the original.Signed.DEPUTY REGISTRAR.G. V. ODUNGA……………………JUDGE OF APPEAL