Wanjiku v Chilumo (Civil Appeal E068 of 2021) [2024] KEHC 438 (KLR) (16 January 2024) (Ruling)

Facts

The appellant, Elizabeth Wanjiku, filed a Memorandum of Appeal on 4th November, 2021, but has not taken any steps to prosecute the appeal. The respondent, Chonga Stephen Chilumo, opposed the dismissal of the appeal, arguing that the appellant has been keen to prosecute the appeal and that the delay in prosecuting the appeal has caused prejudice to the respondent.

Issues

1. Whether the appeal should be dismissed for want of prosecution.
2. Whether the respondent's application is an abuse of court process.
3. Whether the respondent will suffer prejudice if the application is not allowed.

Reasoning

The court ruled that the appeal could not be dismissed for want of prosecution as it had not been set down for hearing within the required time frame and that the appellant had not exhausted all remedies provided under Order 42 of the Civil Procedure Rules.

Outcome

The appeal was not dismissed for want of prosecution.

Authorities cited