Car Wash Den Limited (Suing Through One of the Directors Samuel Kimani Karanja) v Njoroge & 2 others (Environment and Land Appeal E017 of 2025) [2026] KEELC 3344 (KLR)
The bottom line
#The Environment and Land Court in Murang'a dismissed an appeal that sat idle for over a year because the appellants never filed the record of appeal.
What this practically means
#Executive summary
#Key legal issues
#Dismissal of appeal for want of prosecution
The appeal was dismissed for want of prosecution where the appellants failed to file and serve the record of appeal for over a year despite numerous indulgences and a last adjournment.
The appeal was filed on 12-5-2025 but the record of appeal was never filed. The matter came up for mention on several dates (1-12-2025, 23-2-2026, 30-4-2026) and on each occasion the Court indulged the appellants' counsel. A last adjournment was given on 30-4-2026. Counsel then indicated he had lost touch with his clients and wished to cease acting, which the Court held should have been done earlier. The Court found the appellants unwilling to prosecute and dismissed the appeal with costs.
Legal principles established
#- An appeal that is not prosecuted through filing and service of the record of appeal despite repeated indulgences may be dismissed for want of prosecution under Order 42 rule 35 of the Civil Procedure Rules, with costs.
Court orders
#- 1.The Appeal is dismissed under Order 42 rule 35 of the Civil Procedure Rules
- 2.Costs of the appeal awarded to the Respondents and the interested party
- On appeal from
- Not stated
- Not stated
- Jurisdiction invoked
- Appeal pending before this Court; dismissal powers under Order 42 rule 35 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Car Wash Den Limited (Suing Through One of the Directors Samuel Kimani Karanja) v Njoroge & 2 others (Environment and Land Appeal E017 of 2025) [2026] KEELC 3344 (KLR)", Case Analysis (2026). Not stated in the judgment (memorandum of appeal dated 9-5-2025, filed 12-5-2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3344/eng@2026-05-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.