FRED KANYIRI KIRAGU v PETER LINUS LEMPEI [2011] KEHC 3824 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

CIVIL APPEAL NO. 137 OF 2007

FRED KANYIRI KIRAGU………………………....APPELLANT

VERSUS

PETER LINUS LEMPEI………………………….RESPONDENT

RULING

The Memorandum of Appeal herein was filed on 1st August 2007. Since then the appellant has not done anything towards prosecution of the appeal. The court issued a notice to show cause why the same should not be dismissed.

Counsel for the appellant filed a replying affidavit in which he deponed that he applied for proceedings and paid for the same, extracted the order and served it on 3rd September, 2007. But due to an error on his part, the order was never served on the court as required and the court could not therefore have invoked Order XLI Rule 1A Civil Procedure Rules.

Counsel has admitted that he is to blame for the delay in having this appeal prosecuted as he failed to take any steps due to inadvertence on his part. The court will therefore give the appellant another chance and allow him 45 days from today’s date, within which to prepare the record of appeal, have it admitted and have it fixed for hearing. In default, it will stand dismissed. Costs be borne by the appellant.

DATEDand DELIVERED this 14th day of February 2011.

R. P. V. WENDOH JUDGE

PRESENT No appearance for Appellant No appearance for Respondent Ken Oguma – Court Clerk

Court: Counsels to be notified of court’s ruling.