[2024] KEHC 4773 (KLR)
The court found that neither party nor their counsel had attended court or complied with directions issued on 12/6/2023, despite the appeal having been admitted for hearing on 16/9/2019 and a Notice to Show Cause having been served. The absence of any action or appearance by the parties demonstrated a lack of...
Source-derived case information.
- Citation
- [2024] KEHC 4773 (KLR)
- Parties
- Appellant: Jane Wathoni; Respondent: Penninah Njeri Thongo & another
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 127 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- DO Chepkwony
- Legal Topics
- Dismissal for Want of Prosecution, Non Compliance With Court Directions, Notice to Show Cause
- 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
Jane Wathoni
Appellant
Penninah Njeri Thongo & another
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 due to non-compliance with court directions.
- 2 Whether the parties have demonstrated any interest in prosecuting the appeal.
Ratio Decidendi
The court found that neither party nor their counsel had attended court or complied with directions issued on 12/6/2023, despite the appeal having been admitted for hearing on 16/9/2019 and a Notice to Show Cause having been served. The absence of any action or appearance by the parties demonstrated a lack of interest in prosecuting the appeal. Accordingly, the court exercised its discretion under Order 35 Rule 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 hereby dismissed for want of prosecution as per the provision of Order 35 Rule 2 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
18 paragraphs
Wathoni v Thongo & another (Civil Appeal 127 of 2017) [2024] KEHC 4773 (KLR) (2 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4773 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Appeal 127 of 2017
DO Chepkwony, J
May 2, 2024
Between
Jane Wathoni
Appellant
and
Penninah Njeri Thongo & another
Respondent
Ruling
1. This matter is for mention for parties to confirm compliance for directions issued on 12/6/2023 and show cause why the same should not be dismissed for want of prosecution, a Notice to Show Cause having been issued on 5/11/2023. However, there is no appearance by either party or their respective counsel despite having been served with the Notice to Show Cause. Directions on this appeal were issued on 12/6/2023, the same having been admitted for hearing on 16/9/2019. Since then, neither party nor their counsel have attended court and complied with the directions issued on 12/6/2023. This is a clear conduct of parties who have lost interest in their case
2. In the circumstances, the appeal is hereby dismissed for want of prosecution as per the provision of Order 35 Rule 2 of the Civil Procedure Rules.
It is so ordered.
RULING DELIVERED, DATED AND SIGNED AT KIAMBU THIS 2nd DAY OF MAY, 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for the AppellantNo appearance for the RespondentsCourt Assistant - Martin