[2025] KEELC 5104 (KLR)

[2025] KEELC 5104 (KLR)

The court found that although the appellant's efforts to obtain the typed proceedings were minimal, she had taken some steps by applying for and paying for the proceedings and had explained the delay as being due to the trial court's failure to provide the documents. The court held that, in the interests of justice and the appellant's right to be heard, sufficient cause had been shown to excuse the delay. However, the court imposed a strict condition that the appellant must file the record of appeal within fourteen days, failing which the appeal would stand struck out automatically with costs. The court thus dismissed the Notice to Show Cause but warned that no further indulgence would be...

Citation
[2025] KEELC 5104 (KLR)
Parties
Appellant: Debora Adhiambo Onyango; Respondent: John Khamala
Court
Environment and Land Court
Court Station
Environment and Land Court at Migori
Jurisdiction
Kenya
Judgment Date
19 June 2025
Case Number
Environment and Land Appeal E008 of 2024
Procedural Posture
Environment and Land Appeal / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
Outcome
Notice to Show Cause dismissed; appeal not dismissed but conditional order imposed.
Judges
FO Nyagaka
Legal Topics
Dismissal for Want of Prosecution, Appeals Process, Record of Appeal Filing, Delay in Typing Proceedings
Source Language
English
Civil Procedure Land and Property Dismissal for Want of Prosecution Appeals Process Record of Appeal Filing Delay in Typing Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Debora Adhiambo Onyango

Appellant

John Khamala

Respondent

Procedural Posture

Environment and Land Appeal / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of prosecution due to the appellant's failure to file the record of appeal and take necessary steps within the prescribed timelines.
  2. 2 Whether the appellant has shown sufficient cause for the delay in prosecuting the appeal.

Ratio Decidendi

The court found that although the appellant's efforts to obtain the typed proceedings were minimal, she had taken some steps by applying for and paying for the proceedings and had explained the delay as being due to the trial court's failure to provide the documents. The court held that, in the interests of justice and the appellant's right to be heard, sufficient cause had been shown to excuse the delay. However, the court imposed a strict condition that the appellant must file the record of appeal within fourteen days, failing which the appeal would stand struck out automatically with costs. The court thus dismissed the Notice to Show Cause but warned that no further indulgence would be...

Court Disposition

Notice to Show Cause dismissed; appeal not dismissed but conditional order imposed.

Orders

  • The Notice to Show Cause is dismissed.
  • The appellant shall file the Record of Appeal within fourteen (14) days from the date of this ruling.