[2023] KEHC 26551 (KLR)
The court found that since no steps had been taken by the appellants to prosecute the appeal and both parties showed no interest in having the appeal heard and determined on merit, the appeal was liable for dismissal for want of prosecution. The registry confirmed with the appellants' counsel that the appeals were...
Source-derived case information.
- Citation
- [2023] KEHC 26551 (KLR)
- Parties
- Appellant: Enock Ayimba Sichenga; Appellant: George Ayimba Luboko; Appellant: Aleyo Beatrice; Plaintiff: Chemutai Beatrice; Respondent: George Arunga Sino T/A Maywood Auctioneers
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 47 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, 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
Chemutai Beatrice
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 no steps had been taken by the appellants to prosecute the appeal and both parties showed no interest in having the appeal heard and determined on merit, the appeal was liable for dismissal for want of prosecution. The registry confirmed with the appellants' counsel that the appeals were considered closed. Accordingly, the court exercised its discretion to dismiss the appeal for want of prosecution and made 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
30 paragraphs
Sichenga & 3 others v Sino t/a Maywood Auctioneers (Civil Appeal 47 of 2020) [2023] KEHC 26551 (KLR) (1 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26551 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal 47 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
Plaintiff
and
George Arunga Sino T/A Maywood Auctioneers
Respondent
(Arising from the Ruling of Hon. C. N. Oruo SRM in Maseno PMCC No. 39 of 2017 rendered on 21st July 2020)
Ruling
1. This appeal was filed on 30th July 2020 under Certificate of Urgency with an application for stay which was considered during the recess by the duty Judge W. Musyoka J of Kakamega on 19th August 2020.
2. Todate, no steps have been taken to have the appeal which is in a series of other appeals, heard and determined on merit.
3. When our Registry staff called the Appellants’ counsel on 30th November 2023, counsel stated that the appeals are closed.
4. As none of the parties to this appeal is interested in having the appeals heard and determined on merit, I hereby dismiss the appeal herein for want of prosecution.
5. I make no orders as to costs.
6. This file is now closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 1ST DAY OF DECEMBER, 2023R. E. ABURILIJUDGE