[2024] KEHC 8198 (KLR)
The court found that both parties had failed to attend court or comply with directions since 20/11/2023. Pursuant to directions issued on 29/4/2024 and under the provisions of Section 1A and 1B of the Civil Procedure Act, the court concluded that the parties had lost interest in the appeal. The file was therefore...
Source-derived case information.
- Citation
- [2024] KEHC 8198 (KLR)
- Parties
- Appellant: PMK; Respondent: JKM (Suing as Mother and Next Friend of the Minors)
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Children's Appeal Case E007 of 2023
- Procedural Posture
- Children Appeal / Ruling on Case Closure for Want of Prosecution
- Outcome
- The appeal is marked as closed for want of prosecution due to non-attendance and non-compliance with court orders.
- Judges
- PN Gichohi
- Legal Topics
- Case Dismissal for Non Attendance, Children Appeals, Case Management, Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
PMK
Appellant
JKM (Suing as Mother and Next Friend of the Minors)
Respondent
Procedural Posture
Children Appeal / Ruling on Case Closure for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed or marked as closed due to non-attendance and non-compliance with court orders.
Ratio Decidendi
The court found that both parties had failed to attend court or comply with directions since 20/11/2023. Pursuant to directions issued on 29/4/2024 and under the provisions of Section 1A and 1B of the Civil Procedure Act, the court concluded that the parties had lost interest in the appeal. The file was therefore marked as closed to uphold the efficient administration of justice and prevent unnecessary delay.
Court Disposition
The appeal is marked as closed for want of prosecution due to non-attendance and non-compliance with court orders.
Orders
- This file is marked as closed.
Full Case Text
Judgment text and source record
19 paragraphs
PMK v JKM (Suing as Mother and Next Friend of the Minors) (Children's Appeal Case E007 of 2023) [2024] KEHC 8198 (KLR) (8 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8198 (KLR)
Republic of Kenya
In the High Court at Nakuru
Children's Appeal Case E007 of 2023
PN Gichohi, J
July 8, 2024
Between
PMK
Appellant
and
JKM (Suing as Mother and Next Friend of the Minors)
Respondent
Ruling
1. There is no attendance by parties online or physically in court.
2. They have not attended court from 20/11/2023 and there is no compliance with court orders/directions given in this file.
3. In the circumstances and pursuant to directions issued by this court on 29/4/2024, it is taken that parties have lost interest in the case.
4. Under Section 1A and 1B of Civil Procedure Act, this file is marked as closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 8TH DAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:N/A for partiesRuto, Court Assistant