[2024] KEHC 9414 (KLR)

Source-derived case information.

Citation: [2024] KEHC 9414 (KLR)
Parties: Appellant: Peter Njuguna Wanjiru; Respondent: Ruth Mwaru Kabui; Respondent: John Kabue Muchae
Court: High Court
Court Station: High Court at Kiambu
Jurisdiction: Kenya
Case Number: Civil Appeal E341 of 2023
Procedural Posture: Civil Appeal / Judgment on Compliance With Court Directions
Outcome: appeal struck out for non-compliance with court directions; costs awarded to respondents
Judges: AB Mwamuye
Legal Topics: Appeal Striking Out, Non Compliance With Court Orders, Costs Award
Source Language: en

Civil Procedure Appeal Striking Out Non Compliance With Court Orders Costs Award

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Summary, issues, holding and outcome

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Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Peter Njuguna Wanjiru

Appellant

Ruth Mwaru Kabui

Respondent

John Kabue Muchae

Respondent

Procedural Posture

Civil Appeal / Judgment on Compliance With Court Directions

Legal Issues

1 Whether the appellant complied with the court's directions to file and serve the record of appeal and written submissions within the stipulated period.
2 Whether the appeal should be struck out for non-compliance with court orders.
3 Whether costs should be awarded to the respondents.

Ratio Decidendi

The appellant failed to comply with the court's clear directions to file and serve the record of appeal and written submissions within the stipulated period. The court found that no record or submissions had been filed, and the appellant did not appear at the scheduled judgment date. Given the non-compliance and the respondents' consistent representation, the court determined that it was just and proper to strike out the appeal and award costs to the respondents. The decision underscores the importance of adhering to procedural timelines and court orders in appellate proceedings.

Court Disposition

appeal struck out for non-compliance with court directions; costs awarded to respondents

Orders

The appeal is struck out.
Costs of the appeal are awarded to the respondents.

Full Case Text

Judgment text and source record

20 paragraphs

Wanjiru v Kabui & another (Sued as the administrators of the Estate of Elizabeth Wanjiri Muchai - Deceased) (Civil Appeal E341 of 2023) [2024] KEHC 9414 (KLR) (10 July 2024) (Judgment)

Neutral citation: [2024] KEHC 9414 (KLR)

Republic of Kenya

In the High Court at Kiambu

Civil Appeal E341 of 2023

AB Mwamuye, J

July 10, 2024

Between

Peter Njuguna Wanjiru

Appellant

and

Ruth Mwaru Kabui

1st Respondent

John Kabue Muchae

2nd Respondent

Sued as the administrators of the Estate of Elizabeth Wanjiri Muchai - Deceased

(Being an Appeal against the Judgment and Decree of the Hon. P.M. Mugure (PM) delivered 21st June, 2023 in Limuru SPM Civil Suit No. 16 of 2020)

Judgment

1. On 4th June, 2024 Counsel for the Appellant appeared before this Court and correctly stated that the matter was being mentioned for directions on filing of the Record of Appeal and the Appellant’s Written Submission. Counsel stated that the matter had previously come up for mention on 23rd May, 2024; during which the Appellant was directed to file the Record of Appeal.1. This Court granted the Appellant twenty-one (21) days to file and serve the Record of Appeal together with the Appellant’s Written Submissions. This Court further directed that the Respondents would have seven (7) days from the date of service to file and serve their written submissions.2. This Court concluded by stating that this Appeal would be reserved for judgment or striking out/rejection of the Appeal, with judgment or striking out/rejection to be delivered or undertaken as the case may be on 10th July, 2024 at 10:30am.3. The Appellant has not complied with the directions issued on 4th June, 2024 in terms of filing of the Record of Appeal together with written submissions. Noting that the Respondents are represented by Counsel who has appeared severally at the various mentions and at the interlocutory applications stages, I find that it just and proper for the Respondents to have costs.4. Consequently, I strike out this Appeal with costs to the Respondents.

DATED, SIGNED AND DELIVERED VIRTUALLY IN NAIROBI THIS 10TH DAY OF JULY, 2024. BAHATI MWAMUYEJUDGEIn the presence of:Mr. Kabura Counsel for the RespondentsNo Appearance for the AppellantMr Guyo, Court Assistant

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