Abdi v Abadiba & 9 others (Civil Application E012 of 2023) [2024] KECA 86 (KLR) (9 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 86
- Citation
- [2024] KECA 86 (KLR)
- Decided
- 9 February 2024
The Notice of appeal dated 26th September, 2022 is deemed to have been withdrawn due to the respondents' failure to take any steps towards instituting the appeal since filing the Notice of appeal.
Facts
Respondents filed a land matter in the Environment and Land Court Petition No. 8 of 2019. After filing the petition, they lost interest in the suit. The applicant then filed an application to have the suit dismissed for want of prosecution. The respondents applied for time to respond to the application, which the trial court allowed, but granted the day's costs to the applicant. The respondents then 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The Court deems the Notice of appeal withdrawn due to the respondents' lack of action since filing the Notice of appeal, indicating a loss of interest in the appeal.
Outcome
The Notice of appeal is struck out.
Orders
- The Notice of appeal dated 26th September, 2022 is deemed to have been withdrawn.
- There be no orders as to costs.
Authorities cited
Legislation (2)
- Court of Appeal Rules 2010
- Court of Appeal Rules 2022
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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