Masinde & 2 others v Nyongesa & another (Civil Application E157 of 2024) [2025] KECA 646 (KLR) (4 April 2025) (Ruling)
Neutral citation:
[2025] KECA 646 (KLR)
Republic of Kenya
Civil Application E157 of 2024
LA Achode, JA
April 4, 2025
Between
Richard W Masinde
1st Applicant
Chris Makhanu Masinde
2nd Applicant
Captain (Rtd) Charles Masinde
3rd Applicant
and
Gladys Nasimiyu Nyongesa
1st Respondent
Gladys Nanyama Masinde
2nd Respondent
(Being an application for leave to file Notice of Appeal and to appeal out of time against the Ruling (Ougo J) delivered on 1st August 2024inHC Succession Cause No. 59 of 2004)
Ruling
1.Richard W. Masinde, Chris Makhanu Masinde and Captain (Rtd) Charles Masinde (the 1st to 3rd Applicant respectively), filed a Notice of Motion dated 30th October 2024 under rule 4 of this Court’s Rules. Gladys Nanyama Masinde and Gladys Nasimiyu Nyongesa are the 1st and 2nd respondents respectively.
2.The applicants sought to be granted leave to file their Notice of Appeal and intended appeal against the ruling of Ougo J delivered on 1st August 2024, out of time.
3.The Deputy Registrar of this Court sent the applicants a Hearing Notice vide an email on 4th February 2025. The email indicated that their application would be disposed of by way of written submissions. I set out the directions in the email verbatim as follows:
4.None of the parties complied with the foregoing directions. In the circumstances, the Notice of Motion dated 30th October, 2024 is dismissed under rule 58(1) of the Court of Appeal Rules, 2022, for failure to comply with directions by the applicant. There will be no orders as to costs
DATED AND DELIVERED AT KISUMU THIS 4TH DAY OF APRIL, 2025.L. ACHODE.....................................JUDGE OF APPEALI certify that this is a true copy of the original SignedDEPUTY REGISTRAR