Pangamwa Tulaga Ltd v Francis Kimani Muturi [2015] KEHC 512 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CIVIL   APPEAL NO.  26   OF 2013

PANGAMWA TULAGA LTD………………..………..APPELLANT

VERSUS

FRANCIS KIMANI MUTURI…………………………RESPONDENT

COURT RULING

This appeal was instituted on 22nd January 2013 and to date, no record of appeal has been compiled, filed and served by the appellant upon the respondent.  The lower record was availed in June 2013 and both parties were notified accordingly.  There have been no actions taken to set down the appeal for prosecution.  The Civil procedure  Rules  do oblige  the appellant   to be active  participant  in the  preparation  of the appeal for  prosecution  whether  it is  admitted  or directions taken or not.

The overriding objectives  of the law in this case are that  proceedings  have to be heard and determined  expeditiously for that  is what  the Constitution  under Article  159 espouses that justice  shall not be  delayed.  In this  case, the respondent  too deserves  justice, and  his legitimate  expectation  is that  the challenge  to his  lawfully  obtained  judgment  in the lower  court shall  be heard  and determined  expeditiously.  The appellant’s counsels were served with notice for today to show cause why this appeal should not be dismissed for want of prosecution but have not attended court.  I am satisfied  that  there is  inordinate  delay in having this appeal  prosecuted  and there being  no explanation   for  the inaction, I proceed  and dismiss the  whole appeal as filed for want of prosecution with costs to the respondents.

Orders accordingly.

Signed, dated and delivered in open court at Nairobi this 26th day of October, 2015

R.E. ABURILI

JUDGE