[2021] KEHC 3607 (KLR)
The appeal was dismissed because the appellant failed to comply with the court's directions to file written submissions within the stipulated and extended timelines. Despite being granted additional time upon request, the appellant neither filed the required submissions nor sought further extension or provided any...
Source-derived case information.
- Citation
- [2021] KEHC 3607 (KLR)
- Parties
- Appellant: Samwel Otieno Ochieng; Respondent: Martin Obiero Achieng
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E011 of 2021
- Procedural Posture
- Civil Appeal / Directions and Dismissal for Want of Prosecution
- Outcome
- Appeal dismissed for want of prosecution.
- Judges
- RE Aburili
- Legal Topics
- Appeal Dismissal, Non Compliance With Court Orders, Failure to Prosecute, Directions on Filing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Otieno Ochieng
Appellant
Martin Obiero Achieng
Respondent
Procedural Posture
Civil Appeal / Directions and Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appellant complied with court directions regarding filing of submissions.
- 2 Whether failure to prosecute the appeal warrants dismissal.
Ratio Decidendi
The appeal was dismissed because the appellant failed to comply with the court's directions to file written submissions within the stipulated and extended timelines. Despite being granted additional time upon request, the appellant neither filed the required submissions nor sought further extension or provided any explanation for the continued non-compliance. The court had previously warned that non-compliance would result in dismissal. The appellant's conduct demonstrated a lack of intention to prosecute the appeal, justifying its dismissal to prevent abuse of court process and unnecessary delay in the administration of justice.
Court Disposition
Appeal dismissed for want of prosecution.
Orders
- The appeal is hereby dismissed with no orders as to costs.
- Registry to notify the parties’ advocates.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CIVIL APPEAL NO. E011 OF 2021
CORAM: HON. R.E. ABURILI, J
SAMWEL OTIENO OCHIENG......APPELLANT
VERSUS
MARTIN OBIERO ACHIENG....RESPONDENT
(Appeal arising from Judgment and Order delivered on 14/4/2021 in Bondo Principal Magistrate’s Court PMCC No. 68 of 2020 by Hon. S. Mathenge, Resident Magistrate)
DIRECTIONS
1. On 20/8/2021 the court Registry notified the appellants’ counsel by email that this matter which had come up before Deputy Registrar on 19/8/2021 was due today before the Judge for further directions.
2. On 30/6/2021 I had given directions on the filing of record of appeal and listed the matter for mention on 26/7/2021 to confirm compliance.
3. On 26/7/2021 there was no appearance by the appellants’ counsel despite Notice so I extended time for compliance with orders of 30. 6.2021.
4. On 19/8/2021 when the matter came up before the Deputy Registrar, it was observed that Ms. Nanungi Manut Advocate had send an email saying she was yet to file submissions in the matter and requested for additional 2 weeks to file the same. The Deputy Registrar then fixed todays date for further directions.
5. The orders of 30/6/2021 directed the filing of a record of appeal with written submissions within 21 days. The record of appeal was filed on 2/6/2021. However, no submissions have been filed by the appellant to dispose of the appeal and no application has been made to review the order of 30/6/2021.
6. Despite asking for 2 more weeks on 19/8/2021, todate, no submissions have been filed. In my orders of 26/7/2021, I directed that non- compliance would lead to the appeal standing dismissed, as this court is not archive for filed cases which are not being prosecuted.
7. The appellant had not demonstrated any intention to prosecute this appeal.
8. For the above reasons, I hereby order that this appeal is hereby dismissed with no orders as to costs.
9. Registry to notify the parties’ advocates.
10. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 22ND DAY OF SEPTEMBER 2021
R.E. ABURILI
JUDGE