[2024] KEHC 411 (KLR)
The court found that since the appellant had not taken any steps to prosecute the appeal after the file was transferred and made available, and having failed to show cause in response to the notice issued, there was no justification to keep the appeal pending. The appeal was therefore dismissed for want of...
Source-derived case information.
- Citation
- [2024] KEHC 411 (KLR)
- Parties
- Appellant: Charles Simba; Respondent: National Cereals and Produce Board; Respondent: Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 78 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- RE Aburili
- Legal Topics
- Dismissal for Want of Prosecution, Appeal Management, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Simba
Appellant
National Cereals and Produce Board
Respondent
Hon. Attorney General
Respondent
Procedural Posture
Civil Appeal / Ruling on Notice to Show Cause 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 appellant had not taken any steps to prosecute the appeal after the file was transferred and made available, and having failed to show cause in response to the notice issued, there was no justification to keep the appeal pending. The appeal was therefore dismissed for want of prosecution in accordance with the Civil Procedure Rules.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed for want of prosecution with no orders as to costs.
- The file is hereby closed.
Full Case Text
Judgment text and source record
21 paragraphs
Simba v National Cereals and Produce Board & another (Civil Appeal 78 of 2017) [2024] KEHC 411 (KLR) (23 January 2024) (Ruling)
Neutral citation: [2024] KEHC 411 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal 78 of 2017
RE Aburili, J
January 23, 2024
Between
Charles Simba
Appellant
and
National Cereals and Produce Board
1st Respondent
Hon. Attorney General
2nd Respondent
Ruling
1. The appellant’s counsel was served via email on December 6, 2023. Since this file was transferred to this court vide Ruling of March 4, 2020 and the file availed on March 22, 2020, the Appellant has never taken steps to move the court to have the appeal heard and determined hence the Notice to Show Cause issued on December 1, 2023 and served on December 6, 2023.
2. For want of cause to show why the appeal herein cannot be dismissed for want of prosecution, this appeal is hereby dismissed for want of prosecution with no orders as to costs and the file is hereby closed.
3. The lower court file to be returned forthwith.
4. Ruling to be typed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 23RDDAY OF JANUARY, 2024R. E. ABURILIJUDGE