Richard Simon Obero v Penina Namulisa Nakhisa & another [2022] KEELC 1198 (KLR)
- Court
- Environment & Land Court
- Case number
- 1198
- Citation
- [2022] KEELC 1198 (KLR)
- Decided
- 17 February 2022
Summary at a glance
TypeAppealPostureAppeal from a lower court decisionCoramBOAZ N. OLAO
The application seeking the dismissal of the appeal for want of prosecution is dismissed with costs.
Facts
The appellant filed an appeal on July 16, 2020, but the record of the lower court was not submitted to the appellate court by the Deputy Registrar of the appellate court. The appellant's counsel has written several letters requesting the submission of the lower court record.
Issues
- Whether the appeal should be dismissed due to lack of prosecution
- Whether delays in the transmission of records from the lower court to the appellate court are an issue that needs investigation
Reasoning
The appeal was not prosecuted due to delays in submitting the lower court record, which the appellant's counsel has attempted to address through letters. The judge notes that there are delays in the transmission of records from the lower court to the appellate court.
Outcome
Appeal dismissed with costs
Orders
- Notice of Motion dated 5th February 2020 is dismissed with costs
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