[2024] KEHC 12538 (KLR)
The court found that the appellant failed to comply with the express conditions for stay of execution, namely depositing the decretal amount within twenty-one days from 12th July, 2023. No action was taken by the appellant or their counsel after the lapse of the compliance period, and neither appeared in court for...
Source-derived case information.
- Citation
- [2024] KEHC 12538 (KLR)
- Parties
- Appellant: Simba Platinum Limited; Respondent: John Nganga Njuguna
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E229 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- DO Chepkwony
- Legal Topics
- Dismissal for Want of Prosecution, Stay of Execution, Non Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simba Platinum Limited
Appellant
John Nganga Njuguna
Respondent
Procedural Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appellant complied with the conditions for stay of execution granted by the court.
- 2 Whether the appeal should be dismissed for want of prosecution due to inaction by the appellant.
Ratio Decidendi
The court found that the appellant failed to comply with the express conditions for stay of execution, namely depositing the decretal amount within twenty-one days from 12th July, 2023. No action was taken by the appellant or their counsel after the lapse of the compliance period, and neither appeared in court for the scheduled mention. The court concluded that this conduct demonstrated a lack of interest in prosecuting the appeal. Consequently, the appeal was dismissed for want of prosecution, and the respondent was granted liberty to proceed with execution.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed for want of prosecution.
- The respondent is at liberty to proceed with the execution process.
Full Case Text
Judgment text and source record
22 paragraphs
Simba Platinum Limited v Njuguna (Civil Appeal E229 of 2023) [2024] KEHC 12538 (KLR) (16 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12538 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Appeal E229 of 2023
DO Chepkwony, J
October 16, 2024
Between
Simba Platinum Limited
Applicant
and
John Nganga Njuguna
Respondent
(Being an Appeal from the Judgment delivered by Honurable L. Nyabando (Resident Magistrate) on 29th May, 2023 at Kikuyu)
Ruling
1. This matter is for mention for parties to take directions on the appeal herein. Upon listening to counsel for the Respondent, I have also perused the court record and established that the last time there was any action on this matter was on 12th July, 2023 when the court considered a Notice of Motion application dated 19th June, 2023 and granted the following orders:-a.Certified application as urgent.b.Directed the Applicant to serve the application upon the Respondent.c.Granted stay of execution on condition that the entire decretal amount be deposited in court within twenty (21) days from 12th July, 2023.
2. Parties were to appear in court for mention on 23rd October, 2023 for further directions. Since then no party appeared in court and neither was any action taken.
3. Today, counsel for the Respondent has confirmed that the directions and conditions issued on 12th July, 2023 are yet to be complied with. The twenty-one (210 days period lapsed on 2nd August, 2023.
4. It is worth-noting that the mention Notice was served upon all counsel to attend court today. Neither the Appellant nor their counsel are before court today.
5. In view of the foregoing conduct on the part of the Appellant and or his counsel, it is clear that they have lost interest in having their case prosecuted.
6. In the circumstances, this appeal be and is hereby dismissed for want of prosecution since the Appellant failed to comply with the conditions upon which stay of execution was granted. The Respondent be at liberty to proceed with the execution process.It is so ordered.
RULING DATED AND SIGNED AT KIAMBU THIS 16TH DAY OF OCTOBER , 2024. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Mutunga counsel for RespondentCourt Assistant - Sanja