[2023] KEELC 16477 (KLR)
The court found that the appellant failed to file and serve the record of appeal as required and did not comply with the orders issued on September 26, 2022. The appellant's counsel was aware of the hearing date but failed to attend or provide any explanation for the non-compliance. The court held that the...
Source-derived case information.
- Citation
- [2023] KEELC 16477 (KLR)
- Parties
- Appellant: Reuben Sewe; Respondent: Seventh Day Adventist Church
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 3 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Application for Dismissal of Appeal
- Outcome
- appeal dismissed with costs to the respondent
- Judges
- GMA Ongondo
- Legal Topics
- Dismissal for Non Compliance, Appeal Procedure, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reuben Sewe
Appellant
Seventh Day Adventist Church
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Application for Dismissal of Appeal
Legal Issues
- 1 Whether the appeal should be dismissed for failure to file and serve the record of appeal as ordered by the court.
- 2 Whether the appellant provided any explanation for non-compliance with court orders.
- 3 Whether the respondent is entitled to costs upon dismissal of the appeal.
Ratio Decidendi
The court found that the appellant failed to file and serve the record of appeal as required and did not comply with the orders issued on September 26, 2022. The appellant's counsel was aware of the hearing date but failed to attend or provide any explanation for the non-compliance. The court held that the respondent's application for dismissal was justified to ensure the expeditious administration of justice and to prevent undue delay. Consequently, the appeal was dismissed with costs to the respondent.
Court Disposition
appeal dismissed with costs to the respondent
Orders
- The appeal is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
24 paragraphs
Sewe v Seventh Day Adventist Church (Environment and Land Appeal 3 of 2022) [2023] KEELC 16477 (KLR) (23 March 2023) (Ruling) (with dissent)
Neutral citation: [2023] KEELC 16477 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal 3 of 2022
GMA Ongondo, J
March 23, 2023
Between
Reuben Sewe
Appellant
and
Seventh Day Adventist Church
Respondent
(Formerly Kisii ELC Civil Appeal No 44 of 2015)
Ruling
1. Learned Counsel, Amondi holding brief for Bana for the respondent has sought dismissal of this appeal with costs to the respondent.
2. This appeal was generated by way of a memo of memorandum of appeal dated April 7, 2015 based on grounds 1 to 8 set out thereon.
3. The record of appeal has not been filed and served herein. There are no reasons thereof and orders of September 26, 2022 have not been complied with.
4. The appellant’s counsel was present in court on February 14, 2023 when this date was fixed. He is absent without any explanation.
5. I take into account article 159 (2) (b) of the Constitution of Kenya 2010 and section 3 of Environment and Land Act 2015 (2012) on delivery of justice without delay.
6. In the foregone, I find the prayer advanced by the respondent’s counsel sound and is targeted at meeting the ends of justice.
7. Accordingly, this appeal is hereby dismissed with costs to the respondent.
8. It is so ordered.
DELIVERED, DATED AND SIGNED AT HOMABAY THIS 23RD DAY OF MARCH 2023G.M.A ONG’ONDOJUDGEPresent:Ms. Amondi holding brief for Bana, learned counsel for respondent.Okello and Mutiva, court assistants.