Isaac Ouma Kumba v Peres Awiti Oyamo & Millicent Adhiambo Oyamo [2021] KEELC 4402 (KLR)
- Court
- Environment & Land Court
- Case number
- 4402
- Citation
- [2021] KEELC 4402 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent's Application to Dismiss Appeal for Want of ProsecutionCoramANTONY OMBWAYO
Holding
The appeal is dismissed for want of prosecution with costs to the respondent.
Facts
The appellant filed an application on 24/4/2019 seeking orders to dismiss the respondent's application dated 2/2/2020 for want of prosecution. The appellant filed a replying affidavit stating he had applied for proceedings and was willing to prosecute the appeal.
Issues
- Whether the appeal should be dismissed for want of prosecution
- Whether the appellant is desirous of prosecuting the appeal
Reasoning
The court ordered the appellant to file submissions on the appeal within 30 days. The appellant did not file his submissions, and the court confirmed the orders made on 26/10/2020 that the appeal be deemed as dismissed for want of prosecution.
Outcome
Appeal dismissed
Orders
- The appellant to file submissions on the appeal within 30 days
- If the appellant was to put in written submissions as ordered, the respondent was to file written submissions in reply within 30 days and therefore Judgment was to follow on the 4/2/2020
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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