Radio Africa Group Limited t/a Star & Justus Ochieng v James Mwangi Mwaniki [2019] KEHC 919 (KLR)

IN THE HIGH COURT OF KENYA AT KISUMU

(CORAM: CHERERE-J)

CIVIL APPEAL NO. 54 OF 2017

BETWEEN

RADIO AFRICA GROUP LIMITED t/a THE STAR............1STAPPELLANT

JUSTUS OCHIENG..................................................................2NDAPPELLANT

AND

JAMES MWANGI MWANIKI..........................................................APPLICANT

RULING

1. By a notice of motion dated 11th September, 2019 brought under Sections 1A, 1B, 3A and 79B of the Civil Procedure Act, Order 17 rule 2(4)and Order of the Civil Procedure Rules, the Applicant prays for orders THAT: -

1) The Honourable court be pleased to dismiss this appeal for want of prosecution

2) The costs of this application be provided for

2. The application is based on the grounds among others that thisappeal was previously dismissed on 15thMay, 2018 for want of prosecution and was reinstated on 18thOctober, 2018 following a successful application by the Appellants. The application though servedwas not opposed.

4. I have considered the notice of motion in the light of the supporting affidavit and proceedings in the file. The memorandum of appeal wasfiled on 14thJuly, 2017 and to date, 2 years and 5 months down the line, the Appellants have not filed the record of appeal.

5. This appeal was last in court 18th October, 2018. For a period of one year and two months, the Appellants have not taken any steps toprosecute the appeal.  I am persuaded that its continued pendency nodoubt infringes on the Applicant’s legitimate expectation that disputes against him should be resolved expeditiously.

7. Consequent to the hearing of this application, the Appellants on 06th December, 2019 filed a notice of withdrawal of the appeal.

8. In the result, the appeal is withdrawn. The Appellants shall bear the costs of the appeal and of the application dated 11th September, 2019.

DATED AND DELIVERED IN KISUMU THIS 10th DAY OF December2019

T.W. CHERERE

JUDGE

Delivered in open court in the presence of-

Court Assistant -

For the Appellants -

For the Applicant -