[2024] KEHC 6412 (KLR)
The court found that the application dated 6th August 2002 seeking a stay of execution had not been prosecuted since its filing. In the absence of any steps taken by the applicant to move the court or prosecute the application, and in line with the principles of expeditious disposal of cases and the court's inherent...
Source-derived case information.
- Citation
- [2024] KEHC 6412 (KLR)
- Parties
- Applicant: Pius Adie Okado; Respondent: Joseph Obuya Ondiegi
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 148 of 2002
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Stay of Execution
- Outcome
- application dismissed for want of prosecution; file closed for archiving
- Judges
- RE Aburili
- Legal Topics
- Stay of Execution, Dismissal for Want of Prosecution, Land Adjudication Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pius Adie Okado
Applicant
Joseph Obuya Ondiegi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the application for stay of execution should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the application dated 6th August 2002 seeking a stay of execution had not been prosecuted since its filing. In the absence of any steps taken by the applicant to move the court or prosecute the application, and in line with the principles of expeditious disposal of cases and the court's inherent powers, the court dismissed the application for want of prosecution and ordered the file closed for archiving.
Court Disposition
application dismissed for want of prosecution; file closed for archiving
Orders
- The application dated 6th August 2002 is dismissed for want of prosecution.
- The file is closed for archiving.
Full Case Text
Judgment text and source record
18 paragraphs
Okado v Ondiegi (Miscellaneous Civil Application 148 of 2002) [2024] KEHC 6412 (KLR) (31 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6412 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 148 of 2002
RE Aburili, J
May 31, 2024
Between
Pius Adie Okado
Applicant
and
Joseph Obuya Ondiegi
Respondent
Ruling
1. This file was initiated vide an application dated 6th August 2002 seeking for stay of execution of orders of the order of the District Commissioner in Land Adjudication Case Appeal No. 140 of 2000.
2. There has been no prosecution of that application and the file was found lying in the Registry as pending.
3. The application dated 6th August 2002 is dismissed for want of prosecution and the file is closed for archiving.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 31STDAY OF MAY, 2024R. E. ABURILIJUDGE