Sichenga & 3 others v Sino t/a Maywood Auctioneers [2023] KEHC 26553 (KLR)

Sichenga & 3 others v Sino t/a Maywood Auctioneers (Civil Appeal 49 of 2020) [2023] KEHC 26553 (KLR) (1 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26553 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Appeal 49 of 2020

RE Aburili, J

December 1, 2023

Between

Enock Ayimba Sichenga

1st Appellant

George Ayimba Luboko

2nd Appellant

Aleyo Beatrice

3rd Appellant

and

Ernest Lukoa Musundi

Plaintiff

and

George Arunga Sino T/A Maywood Auctioneers

Respondent

(Arising from the Ruling of Hon. C. N. Oruo SRM in Maseno PMCC No. 41 of 2017 rendered on 21st July 2020)

Ruling

1. This appeal was filed on 30th July 2020. Apart from the application for stay of execution of decree in the lower court which was considered under certificate of urgency on 19th August 2020 during the recess by the duty Judge Musyoka J of Kakamega, no other steps have been taken to have the appeal prosecuted.

2. The Registry staff called the Appellants’ counsel on 30th November 2023 and he indicated that the appeals in the series were closed.

3. Only one of the series appeals, HCCA No. 48 of 2020 has a Notice of Withdrawal of suit which I have endorsed.

4. As there are no steps taken to have this appeal heard and determined on merit, this appeal is hereby dismissed for want of prosecution with no orders as to costs and this file is hereby closed.

5. I so order.

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