[2017] KEELC 2196 (KLR)

[2017] KEELC 2196 (KLR)

The court found that the notice to show cause was properly issued to the parties. Neither the appellant nor the respondent appeared in court to provide reasons or demonstrate cause as to why the appeal should not be dismissed for want of prosecution. In the absence of any explanation or action from the parties, the...

Source-derived case information.

Citation
[2017] KEELC 2196 (KLR)
Parties
Appellant: Zacharia Kathenya Mwambia; Respondent: Fredrick Marangu Mwambia
Court
Environment and Land Court
Court Station
Environment and Land Court at Chuka
Jurisdiction
Kenya
Case Number
Environment & Land Case 05 of 2017
Procedural Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
Outcome
appeal dismissed for want of prosecution
Judges
FM Njoroge
Legal Topics
Dismissal for Want of Prosecution, Appeal Procedure, Order 42 Rule 35
Source Language
en
Civil Procedure Dismissal for Want of Prosecution Appeal Procedure Order 42 Rule 35

Source-derived case record

Summary, issues, holding and outcome

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Parties

Zacharia Kathenya Mwambia

Appellant

Fredrick Marangu Mwambia

Respondent

Procedural Posture

Civil Appeal / Ruling on Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of prosecution under Order 42 Rule 35(2) of the Civil Procedure Rules.

Ratio Decidendi

The court found that the notice to show cause was properly issued to the parties. Neither the appellant nor the respondent appeared in court to provide reasons or demonstrate cause as to why the appeal should not be dismissed for want of prosecution. In the absence of any explanation or action from the parties, the court applied Order 42 Rule 35(2) of the Civil Procedure Rules and determined that the appeal had not been prosecuted with due diligence. Consequently, the court exercised its discretion 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.