James Obondi Oliech, John Osambo Ayub Ochieng Owl Thomas Ogada Syprin Ooko Ochuka Samwel Okuta Abonga Carlus Aganga & Henry Juombo v Marikus Ong’idi Odhare [2015] KECA 24 (KLR)
Full Case Text
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: MARAGA, GATEMBU & MURGOR, JJ.A.)
CIVIL APPEAL NO. 77 OF 2012
BETWEEN
JAMES OBONDI OLIECH…………………………………..……………….. 1ST APPELLANT
TOM ORIAWO…………………………………………………………………. 2ND APPELLANT
JOHN OSAMBO………………………………………………………….……..3RD APPELLANT
AYUB OCHIENG OWl ………………………………………………………. 4TH APPELLANT
THOMAS OGADA ……………………………………….…………………… 5TH APPELLANT
SYPRIN OOKO OCHUKA ………………………………………………….. 6TH APPELLANT
SAMWEL OKUTA ABONGA …………………………………..…………. 7TH APPELLANT
CARLUS AGANGA ……………………………………………………..………8TH APPELLANT
HENRY JUOMBO ……………………………………………………………...9TH APPELLANT
AND
MARIKUS ONG’IDI ODHARE .................................................. RESPONDENT
(Being an Appeal from the Judgment of the High Court of Kenya at Kisumu
(Wambilyangah, J.) dated 10th May, 2000
in
H.C.C.C. NO. 386 of 1995)
*******************
ORDER OF THE COURT
Neither the appellants nor their counsel are in court, counsel on record for the appellant was served with the hearing notice for today on 9th June, 2015. He has written to court that he is no longer in private practice as he is now a full time lecturer at the Kenya School of Law. But he is still on record as he has not applied to cease acting for the appellants.
This is an old appeal which has come up for hearing several times but has not been heard due to the failure of the appellants to appear and prosecute it.
In the circumstances, we are of the view that the appellants have lost interest in this appeal.
As Mr. Mwamu, learned counsel for the respondent is not conceding the appeal, we accede to his plea and hereby dismiss this appeal with costs under Rule 102 of this Court's Rules.
DATED this 18th June, 2015.
D.K.MARAGA
JUDGE OF APPEAL
S. GATEMBU KAIRU, FCIArb
JUDGE OF APPEAL
A.K.MURGOR
JUDGE OF APPEAL
I certify that this is a true copy
of the original.
DEPUTY REGISTRAR