[2007] KEHC 371 (KLR)
The court found that the appellants had failed to take any steps to prosecute the appeal since filing the memorandum of appeal, including not filing the record of appeal or seeking admission for hearing. Given the unexplained delay and the respondent's application, the court exercised its discretion to admit the...
Source-derived case information.
- Citation
- [2007] KEHC 371 (KLR)
- Parties
- Appellant: Rev. Philip Kakvoji Andove; Appellant: Executive Officer P.A.G. Church of Kenya; Respondent: Rev. Tom Lidweye; Respondent: Samwel Ongeri
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 84 of 2004
- Procedural Posture
- Civil Appeal / Ruling on Application for Security for Costs and Directions
- Outcome
- Application allowed with directions and conditions imposed on the appellants.
- Judges
- K Bauni
- Legal Topics
- Security for Costs, Appeal Admission, Record of Appeal Filing, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rev. Philip Kakvoji Andove
Appellant
Executive Officer P.A.G. Church of Kenya
Appellant
Rev. Tom Lidweye
Respondent
Samwel Ongeri
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Security for Costs and Directions
Legal Issues
- 1 Whether the appellants should be ordered to provide security for costs of the appeal.
- 2 Whether the appeal should be dismissed for want of prosecution due to delay in filing the record of appeal.
- 3 Whether directions should be given regarding the prosecution of the appeal.
Ratio Decidendi
The court found that the appellants had failed to take any steps to prosecute the appeal since filing the memorandum of appeal, including not filing the record of appeal or seeking admission for hearing. Given the unexplained delay and the respondent's application, the court exercised its discretion to admit the appeal for hearing but imposed strict timelines for the appellants to file the record of appeal and prosecute the matter. The court further ordered the appellants to deposit KES 30,000 as security for costs within 30 days. Failure to comply with any of these orders would result in automatic dismissal of the appeal with costs to the respondent. The court's decision was grounded in...
Court Disposition
Application allowed with directions and conditions imposed on the appellants.
Orders
- Appeal admitted for hearing.
- Appellants to prepare and file record of appeal within 30 days.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
CIVIL APPEAL 84 OF 2004
REV. PHILIP KAKVOJI ANDOVE?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /
EXECUTIVE OFFICER P.A.G. CHURCH
OF KENYA:....................................................APPELLANTS
VERSUS
REV. TOM LIDWEYE
SAMWEL ONGERI:...............................RESPONDENT
R U L I N G
The Respondent/Applicant has filed this application seeking for direction and that the appellant be ordered to give security for the costs of the appeal and in the alternative the appeal be dismissed with costs.
The Respondent did not file replying affidavit and or grounds of opposition.Havingproceeded exparte.
This appeal was filed on 23rd August,2004. Mr. James Njuguna the counsel for the respondent deponed in the supporting affidavit that his firm was served with the memo of appeal in September 2004. Since then no record of appeal or any other steps have been taken.Appeal notadmitted for hearing.He said appellants have filed two other appeals in Nakuru HighCourt from the same case.
I have consideredapplication and find it reasonable.I allow the same and make the following orders:-
1. Appeal admitted for hearing.
2. The appellant to prepare and file record of appeal within 30 days after which they should prosecute the appeal within 60 days of filing their Records.
3. Appellant to deposit in court the sum of Shs.30,000/= as security to costs within 30 days from today’s date.
4. In default of any one of the above orders the appeal to stand dismissed without any further application with costs to respondent.
5. Costs of this application to respondent.
Dated and Delivered at Eldoret this 19th day of June,2007.
KABURU BAUNI
JUDGE