Ijema & 2 others v Dokota & 8 others (Civil Application E009 of 2023) [2024] KECA 103 (KLR) (9 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 103
- Citation
- [2024] KECA 103 (KLR)
- Decided
- 9 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for an order of evacuation/striking out the Notice of AppealCoramA. K. MURGOR, DR. K. I. LAIBUTA, G. V. ODUNGA
Holding
The Notice of Appeal is deemed withdrawn due to the respondents' failure to take any steps towards instituting the appeal since filing the Notice of Appeal.
Facts
The respondents filed a land matter in the Environment and Land Court (ELC) Petition No. 11 of 2019. After losing interest, the applicants sought to have the suit dismissed for want of prosecution. The respondents then filed a Notice of Appeal on 26th September, 2022, but have not taken any further steps.
Issues
- Whether the respondents have shown disinterest in pursuing their appeal.
- Whether the Notice of Appeal should be struck out due to failure to lodge a record of appeal within the time specified.
Reasoning
The Court deems the Notice of Appeal as having been withdrawn due to the respondents' lack of interest and failure to take any steps towards instituting the appeal.
Outcome
The Notice of Appeal is struck out.
Orders
- The Notice of Appeal dated 26th September, 2022 is deemed withdrawn.
- There be no orders as to costs.
Authorities cited
Cases cited (2)
- John Mutai Mwangi & 26 Others v Mwenja Ngure & 4 Others [2016] eKLR
- Judith Jemeli Kese v Moi Teaching and Referral Hospital [2021] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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