[2023] KEELC 20556 (KLR)
The court found that neither party appeared nor showed cause in response to the notice issued under Order 17 Rule 2 of the Civil Procedure Rules 2010. As a result, the court exercised its discretion to dismiss the appeal for want of prosecution, as no action had been taken by the parties to progress the matter. The...
Source-derived case information.
- Citation
- [2023] KEELC 20556 (KLR)
- Parties
- Appellant: South Nyanza Teachers Savings and Credit Cooperative Society Limited; Respondent: Maseno University
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 5 of 2021
- Procedural Posture
- Environment and Land Appeal / Ruling on Notice to Show Cause for Dismissal
- Outcome
- Appeal dismissed for want of prosecution with no order as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Appeal Dismissal, Notice to Show Cause, Jurisdiction of Subordinate Courts, Landlord Tenant Relationship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
South Nyanza Teachers Savings and Credit Cooperative Society Limited
Appellant
Maseno University
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Notice to Show Cause for Dismissal
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution under Order 17 Rule 2 of the Civil Procedure Rules 2010.
- 2 Whether the subordinate court had jurisdiction over the original matter.
- 3 Whether there existed a controlled landlord-tenant relationship as at July 30, 2017.
Ratio Decidendi
The court found that neither party appeared nor showed cause in response to the notice issued under Order 17 Rule 2 of the Civil Procedure Rules 2010. As a result, the court exercised its discretion to dismiss the appeal for want of prosecution, as no action had been taken by the parties to progress the matter. The merits of the underlying appeal, including issues of jurisdiction and the landlord-tenant relationship, were not considered due to the procedural default.
Court Disposition
Appeal dismissed for want of prosecution with no order as to costs.
Orders
- The appeal is dismissed under Order 17 Rule 2 of the Civil Procedure Rules 2010.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
South Nyanza Teachers Savings and Credit Cooperative Society Limited v Maseno University (Environment and Land Appeal 5 of 2021) [2023] KEELC 20556 (KLR) (2 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20556 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal 5 of 2021
GMA Ongondo, J
October 2, 2023
(FORMERLY MIGORI HIGH COURT APPEAL NUMBER E029 OF 2021)
Between
South Nyanza Teachers Savings and Credit Cooperative Society Limited
Appellant
and
Maseno University
Respondent
Ruling
1. By a memorandum of appeal dated April 16, 2021, the appellant through Nyauke and Company Advocates lodged this appeal on the grounds that:a.The Honourable Subordinate Court lacked the Jurisdiction to deal with the matter before it.b.The Honourable Subordinate Court thus misdirected itself on matters of law and facts.c.The Honourable court failed to appreciate that there was indeed, a landlord tenant relationship as at July 30, 2017 that was controlled with the meaning of the law.
2. Wherefore, the appellant prays thus:i.The Subordinate court’s judgement be vacated and set aside and the Respondent case in the subordinate court be dismissed with costs.ii.The costs of this appeal be allowed.
3. On September 14, 2023 at 16. 10 hours, a notice to show cause was issued via email pursuant to Order 17 Rule 2 of the Civil Procedure Rules 2010.
4. The parties are absent. There is no cause shown further to the notice issued herein.
5. Thus, under Order 17 Rule 2 (supra), this appeal is hereby dismissed with no orders as to costs.
6. It is so ordered.
DELIVERED AND DATED AT HOMABAY THIS 2ND DAY OF OCTOBER 2023. G.M.A ONG’ONDOJUDGEPRESENT1. Court Assistant, Terence2. Both the Appellant and the Respondent -Absent.