[2023] KEHC 26343 (KLR)
The court found that since the filing of the appeal and the application for stay, no steps had been taken by any party to prosecute the appeal. The appellants' counsel confirmed that the appeal was considered closed. In the absence of any interest from the parties in prosecuting the appeal, the court exercised its...
Source-derived case information.
- Citation
- [2023] KEHC 26343 (KLR)
- Parties
- Appellant: Enock Ayimba Sichenga; Appellant: George Ayimba Luboko; Appellant: Aleyo Beatrice; Plaintiff: Daniel Odhiambo Akoth; Respondent: George Arunga Sino t/a Maywood Auctioneers
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 46 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 Procedure, Case Management
- 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
Daniel Odhiambo Akoth
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 filing of the appeal and the application for stay, no steps had been taken by any party to prosecute the appeal. The appellants' counsel confirmed that the appeal was considered closed. In the absence of any interest from the parties in prosecuting the appeal, the court exercised its discretion to dismiss the appeal for want of prosecution and ordered the file closed, with no order as to costs.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed for want of prosecution.
- No orders as to costs.
Full Case Text
Judgment text and source record
28 paragraphs
Sichenga & 2 others v Daniel Odhiambo Akoth; George Arunga Sino t/a Maywood Auctioneers (Respondent) (Civil Appeal 46 of 2020) [2023] KEHC 26343 (KLR) (1 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26343 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal 46 of 2020
RE Aburili, J
December 1, 2023
Between
Enock Ayimba Sichenga
1st Appellant
George Ayimba Luboko
2nd Appellant
Aleyo Beatrice
3rd Appellant
and
Daniel Odhiambo Akoth
Plaintiff
and
George Arunga Sino t/a Maywood Auctioneers
Respondent
(Arising from the Ruling of Hon. C. N. Oruo SRM in Maseno PMCC No. 38 of 2017 rendered on 21st July 2020)
Ruling
1. This appeal was filed on July 30, 2020 and an application for stay filed and considered by Riechi J of Bungoma High Court during the recess on August 27, 2020.
2. Since then, no steps have been taken by any of the parties to the appeal, to have the appeal heard on its merits.
3. On November 30, 2023, the Registry called the appellants’ counsel who responded that as far as he was concerned, this appeal and others in the series were closed.
4. As none of the parties to this appeal is interested in its prosecution, I hereby dismiss this appeal for want of prosecution with no orders as to costs and close this file.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 1ST DAY OF DECEMBER, 2023R. E. ABURILIJUDGE