[2023] KEHC 23043 (KLR)
The court found that the appellant had failed to take any steps to prosecute the appeal since its filing on March 11, 2022. No interest or action was demonstrated by the appellant, and the parties were duly notified of the hearing. In the absence of prosecution, the court exercised its discretion to dismiss the...
Source-derived case information.
- Citation
- [2023] KEHC 23043 (KLR)
- Parties
- Appellant: Simon Samali; Respondent: Simon Chege Mbugua; Respondent: Antony Mbugua
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E020 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- RE Aburili
- Legal Topics
- Dismissal for Want of Prosecution, Appeal Procedure, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Samali
Appellant
Simon Chege Mbugua
Respondent
Antony Mbugua
Respondent
Procedural Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the appellant had failed to take any steps to prosecute the appeal since its filing on March 11, 2022. No interest or action was demonstrated by the appellant, and the parties were duly notified of the hearing. In the absence of prosecution, the court exercised its discretion to dismiss the appeal for want of prosecution and ordered the file closed.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed for want of prosecution.
- The file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Samali v Mbugua & another (Civil Appeal E020 of 2022) [2023] KEHC 23043 (KLR) (2 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23043 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal E020 of 2022
RE Aburili, J
October 2, 2023
Between
Simon Samali
Appellant
and
Simon Chege Mbugua
1st Respondent
Antony Mbugua
2nd Respondent
Ruling
1. Parties are absent. They were notified by email on September 14, 2023.
2. This appeal was filed on March 11, 2022 and the appellant has never taken any interest in it or steps to prosecute it.
3. Accordingly, this appeal is hereby dismissed for want of prosecution and this file is hereby closed.
4. I so order.
Dated, signed and delivered at Kisumu this 2ndDay of October, 2023R.E. ABURILIJUDGE