Ayan Automobiles Limited v Nyabasi Boke Ann (suing As The Mother and Next Friend of Cgm) & 1 other

Ayan Automobiles Limited v Ann (Suing as the mother and next friend of CGM) & another (Commercial Appeal E001 of 2025) [2025] KEHC 18235 (KLR) (5 December 2025) (Ruling) Neutral citation: [2025] KEHC 18235 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIVASHA COMMERCIAL APPEAL E001 OF 2025 PJO OTIENO, J DECEMBER 5, 2025 BETWEEN AYAN AUTOMOBILES LIMITED ......................................................... APPELLANT AND NYABASI BOKE ANN (SUING AS THE MOTHER AND NEXT FRIEND OF CGM) ................................................................................................ 1ST RESPONDENT BENSON WAHUI MWANGI ....................................................... 2ND RESPONDENT ((Being an Appeal against the Ruling and Orders of the Hon. J. Ndengeri (PM) delivered at Naivasha Chief Magistrate’s Court on 30th January 2025 in Naivasha CMCC No. E219 of 2022) RULING 1. Parties and Counsel owe a duty to court, the law and the profession to comply with court orders and directions to enable court meets it’s overriding objectives. Where there is a default, the party in default has an additional duty to explain the delay plausibly. 2. Here, no explanation has been ofiered. Counsel merely left it to the court. The court deems it an abdication of duty by counsel. That defeats the overriding objectives of the court and must thus invite sanctions. 3. For failure to comply with court directions of 4th December, 2025 thus derailing the progress of this appeal today, the court penalizes the appellant with an order that the appeal is dismissed with costs to the respondent. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 5 TH DAY OF DECEMBER, 2025 PATRICK J. O. OTIENO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18235/eng@2025-12-05 1

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