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ELCDismissedNot stated in judgment· [2017] KEELC 2088 (KLR)
Bernard Mbiuki Gatumu & another v Catherine M. Kamundi & another [2017] KEELC 2088 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This short ruling of the High Court at Chuka dismissed an appeal for want of prosecution. Notices had been issued to the parties to show cause why the appeal should not be dismissed, both under Order 42 Rule 35(2) of the Civil Procedure Rules, which directs the registrar to list an appeal for dismissal before a judge in chambers if it is not set down for hearing within one year of service of the memorandum of appeal, and under Order 17 Rule 2, dealing with suits in which no step has been taken for one year. Only the 1st Appellant, Lawrence Kamunde Gichunge, attended court. He explained that he had left the prosecution of the appeal to his advocates. The judge found that no satisfactory explanation had been proffered for the failure to set the appeal down for hearing. In consequence the appeal was dismissed. The court declined to award costs, issuing no order as to costs. The judgment is a brief procedural disposition delivered in open court on 25 July 2017, with the Court Assistant Ndegwa present. It does not determine the merits of the underlying dispute, and no authorities were cited.
Key legal issues
#01
Dismissal of appeal for want of prosecution under Order 42 Rule 35(2) and Order 17 Rule 2
Holding
The appeal was dismissed as no satisfactory explanation for the delay was given
Reasoning
Notices were issued requiring parties to show cause why the appeal should not be dismissed for want of prosecution. Only the 1st Appellant attended and stated he had left prosecution to his advocates. The court found this did not amount to satisfactory cause, and dismissed the appeal with no order as to costs.
p. 1
Legal principles established
#- Where an appeal is not set down for hearing within one year and no satisfactory explanation is given, the appeal is liable to dismissal for want of prosecution
Court orders
#- 1.Appeal dismissed for want of prosecution
- 2.No order as to costs
- Jurisdiction invoked
- Order 42 Rule 35(2) and Order 17 Rule 2 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bernard Mbiuki Gatumu & another v Catherine M. Kamundi & another [2017] KEELC 2088 (KLR)", Case Analysis (2017). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2088/eng@2017-07-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.