[2004] KECA 80 (KLR)
The Court found that the respondents, after filing a notice of appeal on 8th January 2002, took no further steps to prosecute the appeal apart from a single letter requesting certified copies of proceedings and judgment. No action was taken from 3rd July 2002 to the date of the ruling, and the respondents failed to...
Source-derived case information.
- Citation
- [2004] KECA 80 (KLR)
- Parties
- Applicant: The Registrar of Trade Unions; Applicant: Kenya Plantation & Agricultural Workers Union; Respondent: Kenya Tea Workers Union; Respondent: Thomas Anyonje; Respondent: Lawrence Oyaro; Respondent: Humphrey Karari; Respondent: Rahab Ngige; Respondent: Milton Ochieng; Respondent: David Maina Mugwe; Respondent: Albert Odongo
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 181 of 2003
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- notice of appeal struck out with costs to the 2nd applicant
- Judges
- AM Githinji
- Legal Topics
- Notice of Appeal, Striking Out Proceedings, Appeal Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Registrar of Trade Unions
Applicant
Kenya Plantation & Agricultural Workers Union
Applicant
Kenya Tea Workers Union
Respondent
Thomas Anyonje
Respondent
Lawrence Oyaro
Respondent
Humphrey Karari
Respondent
Rahab Ngige
Respondent
Milton Ochieng
Respondent
David Maina Mugwe
Respondent
Albert Odongo
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the respondents' notice of appeal should be struck out for failure to take steps to prosecute the appeal.
- 2 Whether the respondents demonstrated any intention to pursue the appeal.
Ratio Decidendi
The Court found that the respondents, after filing a notice of appeal on 8th January 2002, took no further steps to prosecute the appeal apart from a single letter requesting certified copies of proceedings and judgment. No action was taken from 3rd July 2002 to the date of the ruling, and the respondents failed to appear at the hearing despite being served with notice. The Court concluded that the respondents were not interested in pursuing the appeal and that the continued existence of the notice of appeal was unjustified. Accordingly, the Court exercised its discretion to strike out the notice of appeal with costs to the 2nd applicant.
Court Disposition
notice of appeal struck out with costs to the 2nd applicant
Orders
- The notice of appeal filed by the respondents is struck out.
- Costs awarded to the 2nd applicant.
Full Case Text
Judgment text and source record
38 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: OMOLO, O’KUBASU & GITHINJI, JJ.A.)
CIVIL APPLICATION NO. NAI. 181 OF 2003
BETWEEN
THE REGISTRAR OF TRADE UNIONS .......….….....…….…….…… 1ST APPLICANT
KENYA PLANTATION & AGRICULTURAL
WORKERS UNION ………..........……………………………….…… 2ND APPLICANT
AND
KENYA TEA WORKERS UNION …..........……….……………….. 1ST RESPONDENT
THOMAS ANYONJE …….......……………….………………….. 2ND RESPONDENT
LAWRENCE OYARO …….......…….…………………..…..……. 3RD RESPONDENT
HUMPHREY KARARI ……........…………………………....…… 4TH RESPONDENT
RAHAB NGIGE ………….......…………..…………….………… 5TH RESPONDENT
MILTON OCHIENG …….….....………...……..………..………. 6TH RESPONDENT
DAVID MAINA MUGWE …......…………....…………………… 7TH RESPONDENT
ALBERT ODONGO ………......…………….......………………. 8TH RESPONDENT
(Application to strike out the notice of appeal from the Judgment of the High Court of Kenya at Nairobi (Sheikh Amin & Kuloba, JJ.) dated 3rd January 2002
in
H.C.C.C. NO. 248 OF 1998)
******************
RULING OF THE COURT
This is an application by the 1st and 2nd applicants seeking an order to the effect that the respondents’ notice of appeal dated 8th January, 2002 and filed in the superior court on 8th January, 2002 be struck out on the ground that the respondents have not filed an appeal. It is to be observed that since the respondents filed a notice of appeal no any other step has been taken apart from a letter dated 3rd July, 2002 requesting for certified copies of proceedings and judgment.
From 3rd July, 2002to date no steps have been taken by the respondents to prosecute the appeal. Clearly the respondents are not interested in pursuing their appeal.
It is to be noted that although served with hearing notice for today’s hearing they have not appeared. In these circumstances, we order that the notice of appeal filed by the respondents be and is hereby struck out with costs to the 2nd applicant.
Dated and delivered at Nairobi this 8 th day of March, 2004.
R.S.C. OMOLO
……………………..
JUDGE OF APPEAL
E.O. O’KUBASU
……………………….
JUDGE OF APPEAL
E.M. GITHINJI
……………………….
JUDGE OF APPEAL
I certify that this is a
true copy of the original.
DEPUTY REGISTRAR