Ekobu v Amoding (Civil Appeal 10 of 2022)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that where an appellant files an appeal but repeatedly fails to prosecute it by filing written submissions or appearing in court despite multiple adjournments and service of hearing notices over a two-year period, the appeal is deemed abandoned and may be dismissed for want of prosecution under Order 43 rule 14(1) of the Civil Procedure Rules.

Outcome

Appeal dismissed for failure to prosecute

Facts

The appellant filed an appeal on 10 March 2022 against the judgment of the Chief Magistrate's Court of Katakwi. Between June 2022 and April 2024, the court made multiple adjournments on at least twelve occasions to enable the appellant to prosecute the appeal either orally or by written submissions. On 29 February 2024, the court adjourned the matter to 4 April 2024 in the presence of the respondent and her counsel. Hearing notices were extracted and served on the appellant, who acknowledged receipt. On 4 April 2024, the appellant failed to appear. The court then directed parties to file written submissions. The respondent complied but the appellant did not. The Deputy Registrar forwarded the file to the judge on 28 May 2024.

Issues

1. Whether the appeal should be dismissed for want of prosecution where the appellant failed to file written submissions or appear in court after multiple adjournments.

Orders

• Civil Appeal No. 10 of 2022 dismissed for want of prosecution.
• Costs awarded to the respondent.

Rules and key headnotes

Legislation cited (2)

• Civil Procedure Rules Order 43 rule 13
• Civil Procedure Rules Order 43 rule 14(1)

The original judgment as reported. Read the original PDF before relying on any passage.