[2021] KEELC 6 (KLR)
The court found that the applicant failed to comply with its order to file the record of appeal and submissions within the prescribed period. As a result, the court exercised its discretion to strike out the appeal, emphasizing the importance of adhering to procedural timelines and court directives. The failure to...
Source-derived case information.
- Citation
- [2021] KEELC 6 (KLR)
- Parties
- Applicant: Vitalis Otieno Awuor; Respondent: Director of Planning and Roads, Kisumu County; Respondent: Kisumu County Development
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 33 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Non Compliance With Court Orders
- Outcome
- appeal struck out with costs to the respondent
- Judges
- A Ombwayo
- Legal Topics
- Appeal Striking Out, Non Compliance With Court Orders, Record of Appeal Filing, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vitalis Otieno Awuor
Applicant
Director of Planning and Roads, Kisumu County
Respondent
Kisumu County Development
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Non Compliance With Court Orders
Legal Issues
- 1 Whether the appeal should be struck out for failure to comply with court orders regarding filing of the record of appeal and submissions.
Ratio Decidendi
The court found that the applicant failed to comply with its order to file the record of appeal and submissions within the prescribed period. As a result, the court exercised its discretion to strike out the appeal, emphasizing the importance of adhering to procedural timelines and court directives. The failure to comply left the court with no alternative remedy, and costs were awarded to the respondent as a consequence of the applicant's default.
Court Disposition
appeal struck out with costs to the respondent
Orders
- The appeal is struck out for non-compliance with court orders.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KISUMU
MISC. CIVIL APPLICATION NO. 33 OF 2020
VITALIS OTIENO AWUOR...................................................................................APPLICANT
-VERSUS-
DIRECTOR OF PLANNING AND ROADS,KISUMU COUNTY..........1ST RESPONDENT
KISUMU COUNTY DEVELOPMENT......................................................2ND RESPONDENT
RULING
On 29/10/2020, the Appellant and the Respondent agreed that the Appellant was to file the Record of Appeal with submissions within 2 weeks whilst the Respondent was to file submissions within 14 days from date of service. This order has not been complied with and therefore the court is left with no option but to strike out the appeal with costs to the Respondent.
Orders accordingly.
DATED AT KISUMU THIS 11TH DAY OF FEBRUARY 2021
ANTONY OMBWAYO
JUDGE
This Ruling has been delivered to the parties by electronic mail due to measures restricting court operations due to the COVID-19 pandemic and in the light of the directions issued by his Lordship, the Chief Justice on 15th March 2019.
ANTONY OMBWAYO
JUDGE