Kenya Medical Research Institute v Kennedy Ouma Onyango [2020] KEHC 1520 (KLR) | Dismissal For Want Of Prosecution | Esheria

Kenya Medical Research Institute v Kennedy Ouma Onyango [2020] KEHC 1520 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

CIVIL APPEAL  NO. 19 OF 2016

KENYA MEDICAL RESEARCHINSTITUTE........... PLAINTIFF/APPELLANTS

VERSUS

KENNEDY OUMA ONYANGO.......................... DEFENDANT/ RESPONDENT

(Being an appeal from the Judgment/Decree from  Siaya Principal Magistrate’s Court Case No. 28 of 2017, before Hon.  C.N.Okore SRM dated 12th October, 2016)

RULING:

1. This appeal was filed on 11. 11. 2016 which is nearly 4 years ago but the appellant has never taken any steps as required under Order 42 of the Civil Procedure Rulesto ready the appeal for hearing.  There is no record of appeal filed.

2. No steps have been taken to indicate the interest in the appeal, not even service of Memorandum of Appeal, on the Respondent.

3. Accordingly, I hereby dismiss this appeal for want of prosecution with no orders as to costs.

4. The file is hereby closed for archiving.

5. Orders accordingly.

Delivered, Dated and Signed at Siaya this 12th Day of October, 2020

R.E. ABURILI

JUDGE