Mutwiwa & another v Martin (Civil Appeal E044 of 2022) [2025] KEHC 154 (KLR) (14 January 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 154
- Citation
- [2025] KEHC 154 (KLR)
- Decided
- 14 January 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureNotice of Motion application to dismiss appeal for want of prosecutionCoramTM MATHEKA
Holding
The appeal is dismissed with costs to the applicant/respondent.
Facts
Appeals were filed by Wilson Ndoło Mutwiwa and Robert Manetu Musingo against a judgment delivered on July 19, 2022, by Hon J O Magori. The appellants sought a stay of execution of the judgment and conditional orders were granted. However, they have not taken any steps to set down their appeal for hearing for over two years.
Issues
- Whether the appeal should be dismissed for want of prosecution.
Reasoning
The court finds that the appellants have failed to prosecute their appeal for a period of over one year, despite the respondent continuing to suffer unnecessary anxiety due to the delay. The court dismisses the appeal for want of prosecution.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed with costs to the applicant/respondent.
Authorities cited
Legislation (2)
- Civil Procedure Act Cap 21 of the Laws of Kenya
- Civil Procedure Rules 2010
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.
Loading judgment…