SABASTIAN NYAGA KIBACHU vs DANCANT NYAGA KAMUTU [2003] KEHC 796 (KLR)

IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPEAL NO. 193 OF 1999 SABASTIAN NYAGA KIBACHU……………………………..PLAINTIFF VERSUS DANCANT NYAGA KAMUTU…………………………..DEFENDANTRULING This is an application for dismissal of the appeal for want of prosecution. The appellants have not taken any action to prosecute the appeal since 24. 5.99 when the appeal was filed. They have not explained the reason for delay. They have not headed the notices from the Deputy Registrar requiring them to file copy of the decree or order. The appellant do not deny the Respondents claim for shs 57,000. All they say is that there was agreement to pay the money by installments. In the circumstances it is just to terminate this appeal at this stage. Consequently I allow the application dated (filed) on 24. 3.2000 with costs and dismiss the appeal with costs as prayed. E. M. Githinji JUDGE 14. 1.2003