HILDA NYAMBURA GATHURI vs WILSON MWANGI RAMSON [1998] KEHC 236 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 179 OF 1995

HILDA NYAMBURA GATHURI............................................PLAINTIFF versus WILSON MWANGI RAMSON...............................................DEFENDANT

R U L I N G

By an application dated 5th November, 1996 the Respondent moved the court for orders that the appeal herein be dismissed for want of prosecution and in the alternative that the appeal be heard on merits.

The application which is under Order 41 Rule 31(1) of the Civil Procedure Rules and section 3A of the Civil Procedure Act is supported by an affidavit sworn by the respondent Wilson Mwangi Ramson. The appellant Hilda Nyambura Gathuri swore an affidavit in reply. She opposes the application and one of her reasons is that she has a pending application wherein she seeks orders to join one Charles Njuguna Kamau as a party in this appeal and that she be allowed to file affidavit evidence to the effect that the said Charles Njuguna Kamau had no right both in law and fact to sell the subject matter herein.

I have heard both submissions for and against the application. It is true that there has been inordinate delay in this matter which can only be attributed to the appellant. I do not intend to go into the history of the matter at this stage because of the orders I am about to make herein.

The appellant’s application has been listed for hearing on 23rd April, 1998.

The subject matter herein is land and a party should be allowed to exhaust all existing avenues. I shall in the circumstances order that this appeal shall be heard on priority basis immediately after the disposal of the appellant’s application aforesaid.

The appellant shall however pay the respondent’s costs for this application.

Orders accordingly.

Dated and delivered at Nairobi this 26th day of March, 1998.

A. MBOGHOLI MSAGHA

JUDGE