Sichenga & 2 others v Beatrice (Suing as the Next Friend of Joy Naserian) & another [2023] KEHC 26346 (KLR)

Sichenga & 2 others v Beatrice (Suing as the Next Friend of Joy Naserian) & another (Civil Appeal 50 of 2020) [2023] KEHC 26346 (KLR) (1 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26346 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Appeal 50 of 2020

RE Aburili, J

December 1, 2023

Between

Enock Ayimba Sichenga

1st Appellant

George Ayimba Luboko

2nd Appellant

Aleyo Beatrice

3rd Appellant

and

Chemutai Beatrice (Suing as the Next Friend of Joy Naserian)

Plaintiff

and

George Arunga Sino t/a Maywood Auctioneers

Respondent

(Arising from the Ruling of Hon. C. N. Oruo SRM in Maseno PMCC No. 42 of 2017 rendered on 21st July 2020)

Ruling

1. This appeal was filed on 30th July 2020 in a series of other appeals and apart from the application for stay of execution of decree in the lower court which was filed and considered during the recess August in 2020 by Musyoka J of Kakamega High Court, no steps have been taken to prosecute the appeal.

2. The Appellants’ counsel was called by our Registry and he indicated that the appeals were closed.

3. Accordingly, as there is no interest to prosecute the appeal to its logical conclusion, this appeal is hereby dismissed with no orders as to costs.

4. This file is hereby closed.

5. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 1ST DAY OF DECEMBER, 2023. R. E. ABURILIJUDGE