[2023] KEHC 26346 (KLR)
The court found that since the appellants had not taken any steps to prosecute the appeal after filing, and their counsel had indicated that the appeals were closed, there was no interest in pursuing the matter to its logical conclusion. Consequently, the appeal was dismissed for want of prosecution, with no orders...
Source-derived case information.
- Citation
- [2023] KEHC 26346 (KLR)
- Parties
- Appellant: Enock Ayimba Sichenga; Appellant: George Ayimba Luboko; Appellant: Aleyo Beatrice; Plaintiff: Chemutai Beatrice (Suing as the Next Friend of Joy Naserian); Respondent: George Arunga Sino t/a Maywood Auctioneers
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 50 of 2020
- 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 Process, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Enock Ayimba Sichenga
Appellant
George Ayimba Luboko
Appellant
Aleyo Beatrice
Appellant
Chemutai Beatrice (Suing as the Next Friend of Joy Naserian)
Plaintiff
George Arunga Sino t/a Maywood Auctioneers
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 since the appellants had not taken any steps to prosecute the appeal after filing, and their counsel had indicated that the appeals were closed, there was no interest in pursuing the matter to its logical conclusion. Consequently, the appeal was dismissed for want of prosecution, with no orders as to costs.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is hereby dismissed for want of prosecution.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
28 paragraphs
Sichenga & 2 others v Beatrice (Suing as the Next Friend of Joy Naserian) & another (Civil Appeal 50 of 2020) [2023] KEHC 26346 (KLR) (1 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26346 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal 50 of 2020
RE Aburili, J
December 1, 2023
Between
Enock Ayimba Sichenga
1st Appellant
George Ayimba Luboko
2nd Appellant
Aleyo Beatrice
3rd Appellant
and
Chemutai Beatrice (Suing as the Next Friend of Joy Naserian)
Plaintiff
and
George Arunga Sino t/a Maywood Auctioneers
Respondent
(Arising from the Ruling of Hon. C. N. Oruo SRM in Maseno PMCC No. 42 of 2017 rendered on 21st July 2020)
Ruling
1. This appeal was filed on 30th July 2020 in a series of other appeals and apart from the application for stay of execution of decree in the lower court which was filed and considered during the recess August in 2020 by Musyoka J of Kakamega High Court, no steps have been taken to prosecute the appeal.
2. The Appellants’ counsel was called by our Registry and he indicated that the appeals were closed.
3. Accordingly, as there is no interest to prosecute the appeal to its logical conclusion, this appeal is hereby dismissed with no orders as to costs.
4. This file is hereby closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 1ST DAY OF DECEMBER, 2023. R. E. ABURILIJUDGE