Kenya Power And Lighting Company Ltd v Victoria Atieno Amina & Stephene Obege Onserio [2019] KEHC 5589 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CIVIL APPEAL NO. 19 OF 2017

(CORAM: HON. R.E. ABURILI - J)

KENYA POWER AND LIGHTING COMPANY LTD..................APPELLANT

VERSUS

VICTORIA ATIENO AMINA.................................................1ST RESPONDENT

STEPHENE OBEGE ONSERIO........................................2ND RESPONDENT

(An Appeal from the Judgment and Decree of the PM’s Court, Siaya in Civil Suit No. 32 of 2016 delivered on the 15. 11. 2017 before Hon. T.M. Olando, SRM)

RULING

1.  I have perused the court record from 17/9/2018 when this appeal was admitted to hearing and the fact that despite service of Notices subsequent to the said admission, requiring the Appellant to file and serve a record of Appeal, no action has been taken.

2.  It is the court that has been fixing dates in this Appeal on its own motion and today’s date was given by the Deputy Registrar on 3/7/2019 for disposal of the appeal and Notice thereof served on the Appellant’s counsel and counsel for the Respondent but there is no appearance or representation.

3.  In the premise, I hereby dismiss this appeal for want of prosecution as the Appellant is not interested in prosecuting the same.

4.  I make no orders as to costs.

5. Orders accordingly.

Dated, signed and Delivered at Siaya, this 22nd Day of July 2019

R.E. ABURILI

JUDGE