RACHAEL KOROS v JUDY NYAWIRA RUIRE (Suing as the Legal Representative of the estate of NDEMI MUGANE) [2013] KEHC 3316 (KLR)

Facts

The appellant, Rachael Koros, filed an appeal against a judgment granting a stay of execution on a decree for the recovery of a sum of money. The appellant failed to comply with the condition of depositing the sum in court within 30 days, and the respondent, Judy Nyawira Ruire, proceeded with execution and recovered the sum on April 8, 2011. The appellant has not taken any steps to prosecute the appeal since then.

Issues

1. Whether the appeal was an abuse of the due process
2. Whether the appellant has lost interest in prosecuting the appeal

Reasoning

The court found that the appellant failed to comply with the condition of depositing the sum in court and proceeded with execution. Since the appellant has not taken any steps to prosecute the appeal since the recovery of the sum, the appeal is deemed an abuse of the due process.

Outcome

Appeal struck out with costs