Modern Farm & 2 others v Garacha & 8 others (Civil Application E008 of 2023) [2024] KECA 89 (KLR) (9 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 89
- Citation
- [2024] KECA 89 (KLR)
- Decided
- 9 February 2024
The Notice of Appeal dated September 26, 2022 is deemed to have been withdrawn due to the respondents' failure to take any steps towards instituting the appeal.
Facts
The respondents filed a land matter in the Environment and Land Court (ELC) Petition No. 12 of 2019. After filing the petition, they lost interest and the applicants then applied to have the suit dismissed for want of prosecution. The respondents were given time to respond and were ordered to comply within 14 days, but they failed to do so. The respondents then sought leave to appeal and filed a notice of appeal, but have not taken any further steps.
Issues
- Whether the respondents have lost interest 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 found that the respondents have not taken any steps towards instituting the appeal since filing the notice of appeal, and given the significant lapse of time with no further steps taken, the notice of appeal is deemed withdrawn.
Outcome
The Notice of Appeal is struck out.
Orders
- The Notice of Appeal dated September 26, 2022 is deemed to have been withdrawn.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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