[2024] KEHC 6585 (KLR)
The court found that the applicant's notice of motion seeking leave to appeal out of time had not been prosecuted since its filing in 2003. As a result, the application had lost its meaning and utility. The court exercised its discretion to dismiss the application for want of prosecution, emphasizing the need for...
Source-derived case information.
- Citation
- [2024] KEHC 6585 (KLR)
- Parties
- Applicant: Mary Osure; Respondent: Charles Anali Nyamongo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 241 of 2003
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- Application dismissed for want of prosecution. File marked as closed.
- Judges
- MS Shariff
- 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
Mary Osure
Applicant
Charles Anali Nyamongo
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 not being prosecuted.
- 2 Whether the application should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the applicant's notice of motion seeking leave to appeal out of time had not been prosecuted since its filing in 2003. As a result, the application had lost its meaning and utility. The court exercised its discretion to dismiss the application for want of prosecution, emphasizing the need for diligence in prosecuting applications before the court.
Court Disposition
Application dismissed for want of prosecution. File marked as closed.
Orders
- The application dated 23.10.2003 is dismissed for want of prosecution.
- This file is marked as closed.
Full Case Text
Judgment text and source record
17 paragraphs
Osure v Nyamongo (Miscellaneous Civil Application 241 of 2003) [2024] KEHC 6585 (KLR) (4 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6585 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 241 of 2003
MS Shariff, J
June 4, 2024
Between
Mary Osure
Plaintiff
and
Charles Anali Nyamongo
Defendant
Ruling
1. Whereas the Applicant herein filed a notice of motion dated 23. 10. 2003 seeking leave to appeal out of time against the judgment in Kisumu CMCC No. 273 of 2000, this application has never been prosecuted to-date and the same has thus lost meaning wherefore I do hereby dismiss it for want of prosecution.
2. This file is marked as closed.
DATED, SIGNED AND DELIVERED THIS 4TH DAY OF JUNE, 2024. M. S. ShariffJUDGE