Amref Health Africa v Obadha [2024] KEHC 6810 (KLR)

Amref Health Africa v Obadha (Civil Appeal 158 of 2023) [2024] KEHC 6810 (KLR) (10 June 2024) (Ruling)

Neutral citation: [2024] KEHC 6810 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Appeal 158 of 2023

RE Aburili, J

June 10, 2024

Between

Amref Health Africa

Appellant

and

Evans Onyango Obadha

Respondent

(Arising from the Judgment and decree of Hon. G. C. Serem RM in Kisumu SCC No. 95 of 2023 rendered on 26th July 2023)

Ruling

1. This appeal was struck out for being filed out of time. There is no application seeking to reinstate the appeal.

2. However, as the Applicant has sought to withdraw the application dated 17th April 2024 and there is no objection, the application dated 17th April 2024 is hereby marked as wholly withdrawn with no orders as to costs.

3. On the consent dated 13th February 2024, this court is unable to adopt it as it does not revive the appeal which was struck out on 12th February 2024.

4. Accordingly, this file remains closed until and unless it is reopened with an application to reinstate the appeal which was struck out on 12th February 2024.

5. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 10THDAY OF JUNE, 2024R. E. ABURILIJUDGE