[2024] KEHC 6679 (KLR)
The court found that the application for leave to appeal out of time, filed on 17th July 2003, had not been prosecuted for over 20 years. The prolonged inactivity and failure to take steps to progress the matter amounted to want of prosecution. The court exercised its discretion to dismiss the application, holding...
Source-derived case information.
- Citation
- [2024] KEHC 6679 (KLR)
- Parties
- Applicant: George Okumu Omolo (Suing as the administrator of the Estate of Jane Aoko Okumu); Respondent: Samco Traders Ltd; Respondent: Ernest Ochiel
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 163 of 2003
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed for want of prosecution; file closed
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Okumu Omolo (Suing as the administrator of the Estate of Jane Aoko Okumu)
Applicant
Samco Traders Ltd
Respondent
Ernest Ochiel
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the application for leave to appeal out of time should be allowed despite long delay and lack of prosecution.
Ratio Decidendi
The court found that the application for leave to appeal out of time, filed on 17th July 2003, had not been prosecuted for over 20 years. The prolonged inactivity and failure to take steps to progress the matter amounted to want of prosecution. The court exercised its discretion to dismiss the application, holding that litigation must come to an end and that dormant files should not clog the court system. The file was accordingly closed.
Court Disposition
application dismissed for want of prosecution; file closed
Orders
- The application filed on 17th July 2003 is dismissed for want of prosecution.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Omolo (Suing as the administrator of the Estate of Jane Aoko Okumu) v Samco Traders Ltd & another (Miscellaneous Civil Application 163 of 2003) [2024] KEHC 6679 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6679 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 163 of 2003
RE Aburili, J
June 3, 2024
Between
George Okumu Omolo (Suing as the administrator of the Estate of Jane Aoko Okumu)
Applicant
and
Samco Traders Ltd
1st Respondent
Ernest Ochiel
2nd Respondent
Ruling
1. This was an application for leave to appeal out of time filed on 17th July 2003 and has never been prosecuted.
2. The file has been lying in the registry since 2003 and was only discovered during our recent case audit.
3. The application filed on 17th July 2003 which must have died a natural death is hereby dismissed for want of prosecution.
4. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2024R. E. ABURILIJUDGE