[2022] KEELC 1315 (KLR)
The court found that the appellants failed to prosecute their appeal after filing the memorandum and ignored multiple court directions to attend for directions. Upon review of the lower court's judgment, the court determined there was no sufficient ground to interfere with the decree or any resulting order. The...
Source-derived case information.
- Citation
- [2022] KEELC 1315 (KLR)
- Parties
- Appellant: Sarah Mohamed & Anor; Respondent: Wako Gollo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 005 of 2021
- Procedural Posture
- Civil Appeal / Ruling on Summary Rejection of Appeal
- Outcome
- appeal summarily rejected and dismissed
- Legal Topics
- Appeal Dismissal, Summary Rejection, Failure to Prosecute, Lower Court Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sarah Mohamed & Anor
Appellant
Wako Gollo
Respondent
Procedural Posture
Civil Appeal / Ruling on Summary Rejection of Appeal
Legal Issues
- 1 Whether there are sufficient grounds to interfere with the lower court's decree or order.
- 2 Whether the appellant has prosecuted the appeal with due diligence.
Ratio Decidendi
The court found that the appellants failed to prosecute their appeal after filing the memorandum and ignored multiple court directions to attend for directions. Upon review of the lower court's judgment, the court determined there was no sufficient ground to interfere with the decree or any resulting order. The court exercised its discretion to summarily reject the appeal due to the appellants' indolence and lack of prosecution, thereby dismissing the appeal in its entirety.
Court Disposition
appeal summarily rejected and dismissed
Orders
- The appeal is summarily rejected and stands dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
THE REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT ISIOLO
ELC APPEAL NO. 005 OF 2021
SARAH MOHAMED & ANOR.................................................APPELLANTS
-VERSUS-
WAKO GOLLO..........................................................................RESPONDENT
RULING
1. The Memorandum of Appeal in this matter was filed on 24th May, 2021. The Appellant, after filing the Memorandum of Appeal, has never followed up the matter.
2. On 25/10/2021, this court directed that notices be issued to the parties to come to court on 29/11/2021. The notices were issued but on 29/11/2021, the parties did not come to court.
3. On 29/11/2021, I once again directed that notices be issued for the parties to come to court on 21/2/2022 for directions. On 21/2/2022, the parties did not come to court.
4. I have perused the judgement delivered by the lower court. I do consider that there is no sufficient ground for interfering with the resultant decree or any order that may arise thereof. I also do note that the intended appellant has been indolent in his prosecution of the appeal.
5. In the circumstances, I do find that this appeal merits Summary Rejection. The intended appeal is, therefore, hereby summarily rejected and, ipso facto, stands dismissed.
DELIVERED IN OPEN COURT THIS 21ST DAY OF FEBRUARY, 2022 IN THE PRESENCE OF:
Court Assistant: Denge
HON. JUSTICE P.M NJOROGE
JUDGE