Mbukinya Success (K) Limited v Kiama [2024] KEHC 8204 (KLR)

Mbukinya Success (K) Limited v Kiama (Civil Appeal E180 of 2023) [2024] KEHC 8204 (KLR) (26 June 2024) (Ruling)

Neutral citation: [2024] KEHC 8204 (KLR)

Republic of Kenya

In the High Court at Kiambu

Civil Appeal E180 of 2023

JK Ng'arng'ar, J

June 26, 2024

Between

Mbukinya Success (K) Limited

Appellant

and

Kamau Kiama

Respondent

Ruling

1. The appeal herein was lodged on 12/6/2023. Proceedings and Judgment of the lower court lodged on 14/6/2023.

2. Application for stay dated 7/7/2023 was allowed on 14/7/2023.

3. The appellant thereafter did nothing to prosecute the appeal after directions had been given on 15/2/2024.

4. On 29/4/2024 the court directed that the Appellant do file and serve a record of appeal within 21 days from that date.

5. The Appellant failed to comply and this matter came up for hearing of the appeal on 3/6/2024. The appellants failed to appear too.

6. Mr. Kamau for the Respondents applied for the appeal to be dismissed. Going by the record, I do find that the appellant is not interested to prosecute this appeal.

7. Consequently, I do proceed to dismiss the appeal with costs to the Respondent. Costs are assessed at Kshs. 25,000/=.

DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF JUNE, 2024. ………………J.K. NG’ARNG’AR, HSCJUDGEIn the presence of:-Kimondo Gachoka & Company Advocates for the Appellant/Applicant – No appearanceMwaura Kamau & Company Advocates for the Respondent – No appearanceCourt Assistant- Peter Ong’idi