Al-Kheirat Farm & 2 others v Wario & 8 others (Civil Application E015 of 2023) [2024] KECA 106 (KLR) (9 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 106
- Citation
- [2024] KECA 106 (KLR)
- Decided
- 9 February 2024
The Court deems and orders that the Notice of appeal dated 26th September 2022 has been withdrawn, with no orders as to costs.
Facts
The respondents, who were the petitioners, filed a land matter in the Environment and Land Court (ELC) Petition No. 5 of 2019. After filing the petition, they lost interest in the suit and the applicants then filed an application to have the suit dismissed for want of prosecution. The respondents sought leave to appeal against the orders of dismissal and filed a notice to appeal dated 26th September, 2022.
Issues
- Whether the respondents have shown uninterest 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 under the Rules.
Reasoning
The Court found that the respondents have not taken any steps towards instituting the appeal since filing the Notice of appeal. Given the significant lapse of time since it was filed with no further steps having been taken, the Court deems the Notice of appeal as having been withdrawn.
Outcome
The Notice of appeal is struck out.
Orders
- The Notice of appeal dated 26th September 2022 is deemed to have been withdrawn.
Authorities cited
Legislation (1)
- Rules 83 and 84 of the Court of Appeal Rules, 2010
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
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