Beatrice Wambui Gikunju & Rose Wambui Gikunju v Samson Mbui Obadiah Koigi & Albert Gikunju Njeru [2015] KEHC 5828 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT  KERUGOYA

ELCA CASE NO. 54 OF 2013

BEATRICE WAMBUI GIKUNJU …………………….…………………………………  1ST  APPELLANT

ROSE  WAMBUI GIKUNJU …………………………………..………...……………… 2ND APPELLANT

VERSUS

SAMSON MBUI OBADIAH KOIGI ………………………………………………… 1ST RESPONDENT

ALBERT GIKUNJU NJERU …………………………………………………………….2ND RESPONDENT

(ANAPPEAL FROM THE JUDGMENT DELIVERED ON  13TH  APRIL 2010  BY HON. E.M. NYAGA – R.M. AT KERUGOYA  PRINCIPAL MAGISTRATE’S COURT CIVIL CASE NO. 166 OF 2009)

RULING

This is in respect to the 1st Respondent’s application dated 30th August 2012 seeking the dismissal of this appeal for want of prosecution.   It is supported by the 1st respondent’s affidavit in which he has deponed that although this appeal was filed in May 2010, the appellants have taken no steps to prosecute it.

In his submissions at the hearing of this application, Mr. Mwai for the 1st respondent told the Court that although served with the application, the appellants did not appear to canvass the same.

I have considered the application.

The record shows that this appeal was admitted to hearing by  Warsame J. (as he then was) at the High Court Embu on 7th March 2011.  The appellants were previously represented by Maina Kagio advocate who withdrew from acting for them on 3rd August 2012 hence necessitating service upon the appellants in person who, as I have indicated above, did not appear at the hearing of this application nor appoint another advocate to appear for them.    The appellants have not listed the appeal for directions nor taken any other step towards the prosecution of the same.

In the circumstances, this appeal is dismissed with costs to the 1st respondent.

B.N. OLAO

JUDGE

12THMARCH, 2015

12/3/2015

Before

B.N. Olao – Judge

Gichira – CC

Appellant – absent

Mr. Mwai for Respondent – present

COURT:        Ruling delivered this 12th day of March, 2015 in open Court.

Mr.  Mwai for Respondents present

Appellant absent.

B.N. OLAO

JUDGE

12TH MARCH, 2015