Sichenga & 3 others v Sino t/a Maywood Auctioneers [2023] KEHC 26551 (KLR)

Sichenga & 3 others v Sino t/a Maywood Auctioneers (Civil Appeal 47 of 2020) [2023] KEHC 26551 (KLR) (1 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26551 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Appeal 47 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

Plaintiff

and

George Arunga Sino T/A Maywood Auctioneers

Respondent

(Arising from the Ruling of Hon. C. N. Oruo SRM in Maseno PMCC No. 39 of 2017 rendered on 21st July 2020)

Ruling

1. This appeal was filed on 30th July 2020 under Certificate of Urgency with an application for stay which was considered during the recess by the duty Judge W. Musyoka J of Kakamega on 19th August 2020.

2. Todate, no steps have been taken to have the appeal which is in a series of other appeals, heard and determined on merit.

3. When our Registry staff called the Appellants’ counsel on 30th November 2023, counsel stated that the appeals are closed.

4. As none of the parties to this appeal is interested in having the appeals heard and determined on merit, I hereby dismiss the appeal herein for want of prosecution.

5. I make no orders as to costs.

6. This file is now closed.

7. I so order.

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