[2019] KEHC 919 (KLR)
The court found that the appellants had failed to take any steps to prosecute the appeal for over a year after its reinstatement, including failing to file the record of appeal. This prolonged inaction infringed on the applicant's legitimate expectation for expeditious resolution of disputes. The appellants...
Source-derived case information.
- Citation
- [2019] KEHC 919 (KLR)
- Parties
- Appellant: Radio Africa Group Limited t/a The Star; Appellant: Justus Ochieng; Applicant: James Mwangi Mwaniki
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Citation Cause 54 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Application to Dismiss Appeal for Want of Prosecution
- Outcome
- Appeal withdrawn; costs awarded to applicant.
- Judges
- TW Cherere
- Legal Topics
- Dismissal for Want of Prosecution, Appeal Withdrawal, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Radio Africa Group Limited t/a The Star
Appellant
Justus Ochieng
Appellant
James Mwangi Mwaniki
Applicant
Procedural Posture
Civil Appeal / Ruling on Application to Dismiss Appeal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution due to inaction by the appellants.
- 2 Whether the applicant is entitled to costs of the application and the appeal.
Ratio Decidendi
The court found that the appellants had failed to take any steps to prosecute the appeal for over a year after its reinstatement, including failing to file the record of appeal. This prolonged inaction infringed on the applicant's legitimate expectation for expeditious resolution of disputes. The appellants subsequently filed a notice of withdrawal of the appeal. The court held that the appeal stood withdrawn and ordered the appellants to bear the costs of both the appeal and the application, in accordance with the principles of expeditious justice and the general rule that costs follow the event.
Court Disposition
Appeal withdrawn; costs awarded to applicant.
Orders
- The appeal is marked as withdrawn.
- The appellants shall bear the costs of the appeal and the application dated 11th September, 2019.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE HIGH COURT OF KENYA AT KISUMU
(CORAM: CHERERE-J)
CIVIL APPEAL NO. 54 OF 2017
BETWEEN
RADIO AFRICA GROUP LIMITED t/a THE STAR............1STAPPELLANT
JUSTUS OCHIENG..................................................................2NDAPPELLANT
AND
JAMES MWANGI MWANIKI..........................................................APPLICANT
RULING
1. By a notice of motion dated 11th September, 2019 brought under Sections 1A, 1B, 3A and 79B of the Civil Procedure Act, Order 17 rule 2(4)and Order of the Civil Procedure Rules, the Applicant prays for orders THAT: -
1) The Honourable court be pleased to dismiss this appeal for want of prosecution
2) The costs of this application be provided for
2. The application is based on the grounds among others that thisappeal was previously dismissed on 15thMay, 2018 for want of prosecution and was reinstated on 18thOctober, 2018 following a successful application by the Appellants. The application though servedwas not opposed.
4. I have considered the notice of motion in the light of the supporting affidavit and proceedings in the file. The memorandum of appeal wasfiled on 14thJuly, 2017 and to date, 2 years and 5 months down the line, the Appellants have not filed the record of appeal.
5. This appeal was last in court 18th October, 2018. For a period of one year and two months, the Appellants have not taken any steps toprosecute the appeal. I am persuaded that its continued pendency nodoubt infringes on the Applicant’s legitimate expectation that disputes against him should be resolved expeditiously.
7. Consequent to the hearing of this application, the Appellants on 06th December, 2019 filed a notice of withdrawal of the appeal.
8. In the result, the appeal is withdrawn. The Appellants shall bear the costs of the appeal and of the application dated 11th September, 2019.
DATED AND DELIVERED IN KISUMU THIS 10th DAY OF December2019
T.W. CHERERE
JUDGE
Delivered in open court in the presence of-
Court Assistant -
For the Appellants -
For the Applicant -