Archbishop Samson Mwangi Gaitho & Bishop's Synod Of The Africa Independent & five others [2015] KECA 41 (KLR)
The bottom line
#The Court of Appeal dismissed the appeal because the appellants, though served with a hearing notice, failed to show up when the case was called.
What this practically means
#Executive summary
#Key legal issues
#Consequence of non-attendance by appellants at the hearing of an appeal
Where appellants were served with the hearing notice but did not attend court, the Court of Appeal dismisses the appeal under Rule 102(1) of its rules, and may make no order as to costs.
The appeal was called out for hearing and the appellants, despite having been served on 11th May 2015, were not in court. Counsel for the respondents, though ready to proceed, applied for dismissal for non-attendance. The court accepted the application and dismissed the appeal under Rule 102(1), with no orders as to costs. No substantive determination of the merits was made.
Legal principles established
#- An appeal may be dismissed under Rule 102(1) of the Court of Appeal Rules where the appellant, though duly served, fails to attend the hearing.
Court orders
#- 1.The appeal is dismissed under Rule 102(1) of the Court of Appeal Rules
- 2.No orders as to costs
- On appeal from
- High Court of Kenya at Eldoret
- H.C.C.C. No. 39 of 2007
- Jurisdiction invoked
- Court of Appeal rules - Rule 102(1) of the Court of Appeal Rules (dismissal for non-attendance); no constitutional or statutory provision beyond the rules is invoked
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Archbishop Samson Mwangi Gaitho & Bishop's Synod Of The Africa Independent & five others [2015] KECA 41 (KLR)", Case Analysis (2015). Civil Appeal No. Of 2007. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2015/41/eng@2015-05-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.