[2023] KEHC 26553 (KLR)
The appeal was filed on 30th July 2020, and apart from an initial application for stay of execution, no further steps were taken by the appellants to prosecute the appeal. The registry contacted the appellants' counsel, who indicated that the appeals in the series were closed. Only one related appeal had a formal...
Source-derived case information.
- Citation
- [2023] KEHC 26553 (KLR)
- Parties
- Appellant: Enock Ayimba Sichenga; Appellant: George Ayimba Luboko; Appellant: Aleyo Beatrice; Plaintiff: Ernest Lukoa Musundi; Respondent: George Arunga Sino T/A Maywood Auctioneers
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 49 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, 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
Ernest Lukoa Musundi
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 appeal was filed on 30th July 2020, and apart from an initial application for stay of execution, no further steps were taken by the appellants to prosecute the appeal. The registry contacted the appellants' counsel, who indicated that the appeals in the series were closed. Only one related appeal had a formal notice of withdrawal. In the absence of any action to progress this appeal and in the interest of expeditious justice, the court exercised its discretion to dismiss the appeal for want of prosecution, with no order as to costs.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed for want of prosecution.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
28 paragraphs
Sichenga & 3 others v Sino t/a Maywood Auctioneers (Civil Appeal 49 of 2020) [2023] KEHC 26553 (KLR) (1 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26553 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal 49 of 2020
RE Aburili, J
December 1, 2023
Between
Enock Ayimba Sichenga
1st Appellant
George Ayimba Luboko
2nd Appellant
Aleyo Beatrice
3rd Appellant
and
Ernest Lukoa Musundi
Plaintiff
and
George Arunga Sino T/A Maywood Auctioneers
Respondent
(Arising from the Ruling of Hon. C. N. Oruo SRM in Maseno PMCC No. 41 of 2017 rendered on 21st July 2020)
Ruling
1. This appeal was filed on 30th July 2020. Apart from the application for stay of execution of decree in the lower court which was considered under certificate of urgency on 19th August 2020 during the recess by the duty Judge Musyoka J of Kakamega, no other steps have been taken to have the appeal prosecuted.
2. The Registry staff called the Appellants’ counsel on 30th November 2023 and he indicated that the appeals in the series were closed.
3. Only one of the series appeals, HCCA No. 48 of 2020 has a Notice of Withdrawal of suit which I have endorsed.
4. As there are no steps taken to have this appeal heard and determined on merit, this appeal is hereby dismissed for want of prosecution with no orders as to costs and this file is hereby closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 1STDAY OF DECEMBER, 2023R. E. ABURILIJUDGE