[2003] KEHC 796 (KLR)
The court found that the appellant had failed to take any action to prosecute the appeal since its filing and had not provided any explanation for the delay. The appellant also ignored notices from the Deputy Registrar to file the necessary documents. Furthermore, the appellant did not deny the respondent's claim...
Source-derived case information.
- Citation
- [2003] KEHC 796 (KLR)
- Parties
- Appellant: Sabastian Nyaga Kibachu; Respondent: Dancant Nyaga Kamutu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 193 of 1999
- Procedural Posture
- Civil Appeal / Application for Dismissal for Want of Prosecution
- Outcome
- Appeal dismissed for want of prosecution with costs to the respondent.
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sabastian Nyaga Kibachu
Appellant
Dancant Nyaga Kamutu
Respondent
Procedural Posture
Civil Appeal / Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution due to inaction by the appellant.
- 2 Whether the appellant has provided sufficient explanation for the delay in prosecuting the appeal.
- 3 Whether it is just to terminate the appeal at this stage.
Ratio Decidendi
The court found that the appellant had failed to take any action to prosecute the appeal since its filing and had not provided any explanation for the delay. The appellant also ignored notices from the Deputy Registrar to file the necessary documents. Furthermore, the appellant did not deny the respondent's claim for the sum in question, only referring to an agreement to pay by installments. In these circumstances, the court held that it was just to terminate the appeal at this stage and allowed the application for dismissal for want of prosecution with costs to the respondent.
Court Disposition
Appeal dismissed for want of prosecution with costs to the respondent.
Orders
- The application dated 24.3.2000 is allowed with costs.
- The appeal is dismissed with costs as prayed.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPEAL NO. 193 OF 1999 SABASTIAN NYAGA KIBACHU……………………………..PLAINTIFF VERSUS DANCANT NYAGA KAMUTU…………………………..DEFENDANTRULING This is an application for dismissal of the appeal for want of prosecution. The appellants have not taken any action to prosecute the appeal since 24. 5.99 when the appeal was filed. They have not explained the reason for delay. They have not headed the notices from the Deputy Registrar requiring them to file copy of the decree or order. The appellant do not deny the Respondents claim for shs 57,000. All they say is that there was agreement to pay the money by installments. In the circumstances it is just to terminate this appeal at this stage. Consequently I allow the application dated (filed) on 24. 3.2000 with costs and dismiss the appeal with costs as prayed. E. M. Githinji JUDGE 14. 1.2003