[2020] KEELC 567 (KLR)
The court, after perusing the intended appeal, found no sufficient ground to interfere with the decision of the subordinate court. The appellant failed to attend court on multiple occasions and did not demonstrate compliance with orders to serve the respondent. In accordance with Section 79B of the Civil Procedure...
Source-derived case information.
- Citation
- [2020] KEELC 567 (KLR)
- Parties
- Appellant: Robert Njeru Ndatho; Respondent: Joseph Mutiiria Ndatho
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 4 of 2020
- Procedural Posture
- Civil Appeal / Summary Rejection at Preliminary Perusal
- Outcome
- appeal summarily rejected
- Judges
- FM Njoroge
- Legal Topics
- Appeal From Subordinate Court, Summary Rejection, Service of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Njeru Ndatho
Appellant
Joseph Mutiiria Ndatho
Respondent
Procedural Posture
Civil Appeal / Summary Rejection at Preliminary Perusal
Legal Issues
- 1 Whether the intended appeal discloses sufficient grounds for interfering with the subordinate court's decision.
- 2 Whether the appellant complied with court orders regarding service of documents.
Ratio Decidendi
The court, after perusing the intended appeal, found no sufficient ground to interfere with the decision of the subordinate court. The appellant failed to attend court on multiple occasions and did not demonstrate compliance with orders to serve the respondent. In accordance with Section 79B of the Civil Procedure Act, the court exercised its discretion to summarily reject the appeal, finding that the appeal lacked merit and did not warrant further proceedings.
Court Disposition
appeal summarily rejected
Orders
- The intended appeal is hereby rejected summarily.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC APPEAL NO. 4 OF 2020
ROBERT NJERU NDATHO.........................................APPELLANT
VERSUS
JOSEPH MUTIIRIA NDATHO.................................RESPONDENT
RULING
1. This intended appeal was registered on 22nd May, 2020.
2. On 12th June, 2020 this court ordered that the suit documents be served upon the respondent by the appellant. The court also ordered that directions be taken on 19/10/2020.
3. On 19/10/2020, the intended appellant did not come to court. It could not be established if or if not he had served the intended respondent. Parties were directed to come for directions on 24/11/2020.
4. On 24/11/2020, the intended appellant did not come to court. It could not be established if or if not he had served the intended respondent.
5. Section 79B of the Civil Procedure Act requires that before an appeal from a subordinate court is heard, a judge shall peruse it, and if he considers that there is no sufficient ground for interfering with the decree, part of a decree or order appealed against, he may reject the appeal summarily.
6. Upon perusal of the intended appeal, I am satisfied that there is no sufficient ground for interfering with the decision of the subordinate court.
7. Consequently, this intended appeal is hereby rejected summarily.
8. I issue no order as to costs.
Delivered in open Court at Chuka this 25th day of November, 2020 in the presence of;
CA: Ndegwa
Parties not in court.
P. M. NJOROGE
JUDGE