Blis GVS Health Care Ltd v Bama Hospital LLP [2019] KEHC 43 (KLR)

REPUBLIC OF KENYA

IN  THE HIGH COURT OF KENYA

AT SIAYA

CIVIL APPEAL NO. 13 OF 2019

BLIS GVS HEALTH CARE LTD......................................................APPELLANT

VERSUS

BAMA HOSPITAL LLP...................................................................RESPONDENT

(Being an Appeal arising from a Ruling in Civil Suit Case 27 of 2018

in the Principal Magistrate’s court at Siaya on 10th April 2019

before Hon. T.M. Olando, Senior Resident Magistrate)

RULING

1. In this appeal, Parties were called out but were all absent. There is evidence that the parties hereto were served with Notice for today for directions as per the Affidavit of Service dated 9/9/2019. In addition, on 11/7/2019 when this appeal was admitted to hearing, I directed the appellant to file and serve a record of appeal within 30 days.

2. A Notice dated 14th August 2018 signed by the Deputy Registrar was send to the appellant’s advocates.  To date, there is no compliance with the said orders/directions.

3. In the absence of the appellant’s counsel to explain reasons for non-compliance with court orders/directions, I have no reason to keep this appeal pending, I hereby dismiss this appeal for non-compliance with court orders of 11th July 2019.

4. File closed.

Orders accordingly.

Dated, signed and Delivered at Siaya, this 4th Day of November, 2019

R.E. ABURILI

JUDGE