[2023] KEHC 26550 (KLR)
The court found that since the appeal had been filed and no steps had been taken by either party to prosecute or progress the matter, and with the appellants' counsel indicating the appeal was among those considered closed, there was no indication of interest in pursuing the appeal. Accordingly, the court exercised...
Source-derived case information.
- Citation
- [2023] KEHC 26550 (KLR)
- Parties
- Appellant: Enock Ayimba Sichenga; Appellant: George Ayimba Luboko; Appellant: Aleyo Beatrice; Plaintiff: Lawrence Odhiambo Sancho (Suing as the next friend of Venessa Sancho); Respondent: George Arunga Sino T/A Maywood Auctioneers
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 45 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
Lawrence Odhiambo Sancho (Suing as the next friend of Venessa Sancho)
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 appeal had been filed and no steps had been taken by either party to prosecute or progress the matter, and with the appellants' counsel indicating the appeal was among those considered closed, there was no indication of interest in pursuing the appeal. Accordingly, the court exercised its discretion to dismiss the appeal for want of prosecution, in line with the principles of case management and judicial efficiency.
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
27 paragraphs
Sichenga & 3 others v Sino t/a Maywood Auctioneers (Civil Appeal 45 of 2020) [2023] KEHC 26550 (KLR) (1 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26550 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal 45 of 2020
RE Aburili, J
December 1, 2023
Between
Enock Ayimba Sichenga
1st Appellant
George Ayimba Luboko
2nd Appellant
Aleyo Beatrice
3rd Appellant
and
Lawrence Odhiambo Sancho (Suing as the next friend of Venessa Sancho)
Plaintiff
and
George Arunga Sino T/A Maywood Auctioneers
Respondent
(Arising from the Ruling of Hon. C. N. Oruo SRM in Maseno PMCC No. 37 of 2017 rendered on 21st July 2020)
Ruling
1. This appeal was filed on 30th July 2020 and an application for stay filed and considered during the recess by W. Musyoka J of Kakamega High Court on 19th August 2020.
2. Ever since, no steps have been taken to prosecute the appeal and neither are there any proceedings closing the appeal. The appellants’ counsel was called by the Registry on 30th November 2023 and he indicated that this appeal is among other 5 appeals which were closed.
3. As there is no indication that the Appellant or Respondent are desirous of having this appeal prosecuted, the appeal herein is dismissed for want of prosecution with no orders as to costs and the file herein is closed.
4. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 1ST DAY OF DECEMBER, 2023R. E. ABURILIJUDGE