Sichenga & 3 others v Sino t/a Maywood Auctioneers [2023] KEHC 26550 (KLR)

Sichenga & 3 others v Sino t/a Maywood Auctioneers (Civil Appeal 45 of 2020) [2023] KEHC 26550 (KLR) (1 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26550 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Appeal 45 of 2020

RE Aburili, J

December 1, 2023

Between

Enock Ayimba Sichenga

1st Appellant

George Ayimba Luboko

2nd Appellant

Aleyo Beatrice

3rd Appellant

and

Lawrence Odhiambo Sancho (Suing as the next friend of Venessa Sancho)

Plaintiff

and

George Arunga Sino T/A Maywood Auctioneers

Respondent

(Arising from the Ruling of Hon. C. N. Oruo SRM in Maseno PMCC No. 37 of 2017 rendered on 21st July 2020)

Ruling

1. This appeal was filed on 30th July 2020 and an application for stay filed and considered during the recess by W. Musyoka J of Kakamega High Court on 19th August 2020.

2. Ever since, no steps have been taken to prosecute the appeal and neither are there any proceedings closing the appeal. The appellants’ counsel was called by the Registry on 30th November 2023 and he indicated that this appeal is among other 5 appeals which were closed.

3. As there is no indication that the Appellant or Respondent are desirous of having this appeal prosecuted, the appeal herein is dismissed for want of prosecution with no orders as to costs and the file herein is closed.

4. I so order.

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