[2024] KEHC 12678 (KLR)

[2024] KEHC 12678 (KLR)

The court found that the application for leave to file an appeal out of time, filed on 11th May 2001, had not been prosecuted for over two decades. In the absence of any steps taken by the applicant to progress the matter, and in line with the court's duty to ensure expeditious disposal of cases and prevent abuse of...

Source-derived case information.

Citation
[2024] KEHC 12678 (KLR)
Parties
Applicant: Edwin Owino Oloo; Respondent: Washington Odiyo Owinga
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application 86 of 2001
Procedural Posture
Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
Outcome
application dismissed for want of prosecution
Judges
RE Aburili
Legal Topics
Dismissal for Want of Prosecution, Leave to Appeal Out of Time
Source Language
en
Civil Procedure Dismissal for Want of Prosecution Leave to Appeal Out of Time

Source-derived case record

Summary, issues, holding and outcome

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Parties

Edwin Owino Oloo

Applicant

Washington Odiyo Owinga

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether the application for leave to appeal out of time should be dismissed for want of prosecution.

Ratio Decidendi

The court found that the application for leave to file an appeal out of time, filed on 11th May 2001, had not been prosecuted for over two decades. In the absence of any steps taken by the applicant to progress the matter, and in line with the court's duty to ensure expeditious disposal of cases and prevent abuse of process, the court exercised its discretion to dismiss the application for want of prosecution. The file was ordered closed.

Court Disposition

application dismissed for want of prosecution

Orders

  • The application dated 10th May 2001 is dismissed for want of prosecution.
  • The file is closed.