[2024] KEHC 14554 (KLR)
The court found that since the Memorandum of Appeal was filed on 20th December 2021, no action had been taken by either party, particularly the appellant or their counsel. The absence of any explanation or appearance to show cause indicated a lack of interest in prosecuting the appeal. To prevent clogging the court...
Source-derived case information.
- Citation
- [2024] KEHC 14554 (KLR)
- Parties
- Appellant: Joan Wanjiru Wamunyu; Respondent: Esther Wanjiru Njoroge; Respondent: Joseph Kabaiku Kariuki; Respondent: Peter Njoroge Kariuki
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E249 of 2021
- 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, Appeal Procedure, Case Backlog Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joan Wanjiru Wamunyu
Appellant
Esther Wanjiru Njoroge
Respondent
Joseph Kabaiku Kariuki
Respondent
Peter Njoroge Kariuki
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 due to inaction by the appellant and counsel.
Ratio Decidendi
The court found that since the Memorandum of Appeal was filed on 20th December 2021, no action had been taken by either party, particularly the appellant or their counsel. The absence of any explanation or appearance to show cause indicated a lack of interest in prosecuting the appeal. To prevent clogging the court system with inactive cases, the court exercised its discretion under Order 42 Rule 35(2) of the Civil Procedure Rules to dismiss the appeal for want of prosecution.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed for want of prosecution pursuant to Order 42 Rule 35(2) of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
23 paragraphs
Wamunyu v Njoroge & 2 others (Civil Appeal E249 of 2021) [2024] KEHC 14554 (KLR) (31 October 2024) (Ruling)
Neutral citation: [2024] KEHC 14554 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Appeal E249 of 2021
DO Chepkwony, J
October 31, 2024
Between
Joan Wanjiru Wamunyu
Appellant
and
Esther Wanjiru Njoroge
1st Respondent
Joseph Kabaiku Kariuki
2nd Respondent
Peter Njoroge Kariuki
3rd Respondent
Ruling
1. This matter is for mention for parties and or their respective counsel to show cause why the appeal should not be dismissed for want of prosecution. There is no appearance by either party and or their representation to explain their absence.
2. I have perused the record and note that since lodging the appeal by Memorandum of Appeal filed on 20th December, 2021, there has been no action taken by either party and more so, the Appellant and or counsel.
3. In view of this, it is clear that the Appellant and or counsel have lost their interest in having the appeal prosecuted.
4. In the circumstances, it is only prudent that the court system be unclogged of backlog by having this appeal dismissed. The court therefore proceeds to dismiss the appeal for want of prosecution pursuant to Order 42 Rule 35(2) of the Civil Procedure Rules.It is so ordered.
RULING DATED AND SIGNED AT KIAMBU THIS 31st DAY OF OCTOBER , 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partyCourt Assistant - Martin