Pyrethrum Board of Kenya v Buda Cake and Feeds Ltd [2016] KEHC 7117 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

CIVIL  APPEAL NUMBER 61 OF 2010

PYRETHRUM BOARD OF KENYA....................................APPELLANT

VERSUS

BUDA CAKE AND FEEDS LTD......................................RESPONDENT

(Being an appeal from the Judgment/Decree of Hon. Wilbroda Juma, Chief Magistrate, Nakuru, delivered on 24th February, 2010, in Nakuru CMCC NO. 859 of 2006)

JUDGMENT

On the 3rd March 2014, the appeal hereof was admitted for hearing and directions on the hearing of the appeal taken on the 22nd October 2014 under Order 42 Rule 13 of the Civil Procedure Rules that parties were to file and exchange written submissions.  When parties appeared before this court on the 2nd July 2015, the appellant had not filed its submissions.  It was then that counsel for the appellant intimated to the court that he wished to withdraw from acting for the application.

By his application dated 3rd July 2015 and heard on the 27th July 2015, the firm of Murimi, Ndumia, Mbogo and Muchila advocates were granted leave to cease acting for the appellant after the court satisfied itself that service of the application had been served upon the appellant.  As at this date the Appellant had not filed its submissions on the appeal.

Thereafter, the Respondent took a mention date for purposes of taking a judgment date on the 14th December 2015 when the court issued an order   that the Appellant be served with a further mention date for the 23rd December 2015.

On the 23rd December 2015, the court was satisfied by the affidavit of service filed on the 23rd December 2015 that the Respondent was duly served with the mention notice on the 16th December 2015, but failed to attend court.  In the circumstances, the court gave a judgment date for the appeal for the 18th January 2016, and a judgment date notice ordered to be served upon the appellant.

The appellant as stated above did not file its written submissions. The Respondent opposed the appeal vide its written submissions dated the 27th April 2015.

In the absence of the Appellant's written submissions and there being no grounds and or reasons tendered for its failure to attend court and/or file its submissions as per the directions taken under Order 42 Rule 13 of the Civil Procedure Rules 2010on the 22nd October 2014, the appeal is hereby dismissed with costs to the Respondent.

Dated, signed and delivered in open court this 28th day of January  2016.

JANET MULWA

JUDGE