Otieno v Asuke & 2 others (Environment and Land Appeal 19 of 2020) [2023] KEELC 21101 (KLR) (26 October 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 21101
- Citation
- [2023] KEELC 21101 (KLR)
- Decided
- 26 October 2023
Summary at a glance
TypeAppealPostureAppeal from a judgment dismissing the appellant's suit for a declaration that he was the lawful allottee of the suit property.CoramSO OKONG'O
The court dismissed the appellant's appeal for want of prosecution, as the appellant failed to file a record of appeal and submissions as directed by the court.
Facts
The appellant filed a suit against the respondents at the Chief Magistrate's Court at Kisumu seeking a declaration that he was the lawful allottee of the suit property. The lower court dismissed the suit with costs. The appellant appealed and filed an application for an injunction.
Issues
- Whether the court should dismiss the appellant's appeal for want of prosecution.
- Whether the court should consider and determine the appeal on merit.
Reasoning
The court found that the appellant had not complied with the court's directions to file a record of appeal and submissions by 5th November 2021. The court had the lower court file and all the relevant documents, which it considered to render a judgment on the appeal on merit.
Outcome
Appeal dismissed.
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