Leonard v Leonard (Suing as the legal representative of the Estate of Leonard M’Rithaa); Gatakaa t/a Licenced Surveyor (Interested Party) (Environment and Land Appeal E005 of 2025) [2025] KEELC 8351 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the appeal should stand dismissed for want of prosecution pursuant to the order of 27/10/2025
- 2.Who should bear the costs of the appeal
Key legal issues
#Dismissal of appeal for want of prosecution
The appeal stood dismissed on the date fixed by the prior order for failure to prosecute it
The court had, on 27/10/2025, made an order under which the appeal would stand dismissed if not prosecuted. The appeal was not prosecuted, and it therefore stood dismissed on 10/11/2025. The court merely recorded and marked the dismissal for want of prosecution.
Costs of the dismissed appeal
Costs of the appeal are awarded to the respondent against the appellant in line with Section 27 of the Civil Procedure Act
Applying the general principle that costs follow the event under Section 27 of the Civil Procedure Act, the unsuccessful appellant was ordered to bear the costs of the appeal, there being no reason to depart from that principle.
Legal principles established
#- An appeal that is not prosecuted in compliance with a court order stands dismissed, and costs follow the principle in Section 27 of the Civil Procedure Act
Court orders
#- 1.The appeal stood dismissed on 10/11/2025 by dint of the order of 27/10/2025 and is marked 'dismissed for want of prosecution'
- 2.The appellant shall bear the costs of the appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Not expressly stated; the matter is an appeal before the Environment and Land Court
Relief refused
#Prosecution of the appeal
The appeal stood automatically dismissed for failure to comply with the order of 27/10/2025
Costs
The appellant shall bear the costs of the appeal, in tandem with Section 27 of the Civil Procedure Act.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
By dint of the order of 27/10/2025, this appeal stood dismissed on 10/11/2025. The appeal is marked 'dismissed for want of prosecution.'
In tandem with the principle in Section 27 of the Civil Procedure Act, the appellant shall bear costs of the appeal.
Issues in the judgment
#The judgment does not state the parties' names, the appeal case number, or the court appealed from
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Leonard v Leonard (Suing as the legal representative of the Estate of Leonard M’Rithaa); Gatakaa t/a Licenced Surveyor (Interested Party) (Environment and Land Appeal E005 of 2025) [2025] KEELC 8351 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8351/eng@2025-11-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.