K-REP Bank Ltd v George A. Sino T/A Jone Brooks Cons. Ltd [2012] KEHC 1851 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

CIVIL APPEAL 140 OF 2011

K-REP BANK LTD........................................................................................APPELLANT

VERSUS

GEORGE A. SINO T/A JONE BROOKS CONS. LTD.............................RESPONDENT

R U L I N G

The application dated 6-7-2012 by the respondent/applicant seeks to have this appeal struck out with costs. When it came up for hearing on 1-10-2012 the same was not opposed. There was an affidavit of service dated 19-9-2012 and filed on 20-9-2012 sworn by one John Ocheing Ouma.

Apparently, the respondent on 26-7-2012 filed a notice to withdraw this appeal. Perhaps this explains the reasons for failing to turn up in court on 1-10-2012.

However, after perusing the application aforestated I am satisfied that the same is meritorious. The respondent can still ventilate its issues in the Appeal No. 390/2011. Leaving this appeal to stay, although it has been withdrawn shall cause confusion to the respondent.

In the premises the application dated 6-7-2012 is allowed as prayed. The applicant shall equally have the cost of this application and the entire struck out appeal. This orders shall apply to Appeals No. 141/2-11. 142/2011 and 143/2011.

Dated, signed and delivered at Kisumu this 15th day of October 2012

H.K. CHEMITEI JUDGE

In the presence of:

Omondi for Ragot for appellant

Miss Odhiambo for Mulindo respondent

HKC/va