Sichenga & 2 others v Daniel Odhiambo Akoth; George Arunga Sino t/a Maywood Auctioneers (Respondent) [2023] KEHC 26343 (KLR)

Sichenga & 2 others v Daniel Odhiambo Akoth; George Arunga Sino t/a Maywood Auctioneers (Respondent) (Civil Appeal 46 of 2020) [2023] KEHC 26343 (KLR) (1 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26343 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Appeal 46 of 2020

RE Aburili, J

December 1, 2023

Between

Enock Ayimba Sichenga

1st Appellant

George Ayimba Luboko

2nd Appellant

Aleyo Beatrice

3rd Appellant

and

Daniel Odhiambo Akoth

Plaintiff

and

George Arunga Sino t/a Maywood Auctioneers

Respondent

(Arising from the Ruling of Hon. C. N. Oruo SRM in Maseno PMCC No. 38 of 2017 rendered on 21st July 2020)

Ruling

1. This appeal was filed on July 30, 2020 and an application for stay filed and considered by Riechi J of Bungoma High Court during the recess on August 27, 2020.

2. Since then, no steps have been taken by any of the parties to the appeal, to have the appeal heard on its merits.

3. On November 30, 2023, the Registry called the appellants’ counsel who responded that as far as he was concerned, this appeal and others in the series were closed.

4. As none of the parties to this appeal is interested in its prosecution, I hereby dismiss this appeal for want of prosecution with no orders as to costs and close this file.

5. I so order.

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