Stephen S. Nteere Inoti v M'twaruchiu Nthunguri Ikwinga & Magiri M'twaruchiu [2014] KEHC 2469 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

HCCA NO.115/2011

STEPHEN S. NTEERE INOTI...........................................................APPELLANT

VERSUS

M'TWARUCHIU NTHUNGURI IKWINGA.........................1ST RESPONDENT

MAGIRI M'TWARUCHIU......................................................2ND RESPONDENT

R U L I N G

This application is dated 14. 11. 2013 and seeks orders:

(a)     That the honourable court be pleased to dismiss this appeal for want of               prosecution.

(b)     That cost be paid by the appellant.

It was based on the following grounds:

(a)     The appellant has failed to have the appeal prosecuted.

(b)     That the appellant has lost interest in the case.

On 4. 7.2014, the parties through their advocates, agreed by consent, to have the application withdrawn and for the Appellant to file his record of Appeal within 30 days.

I do allow the withdrawal of the application with costs to be in the appeal, if it is eventually admitted and heard.

It is so ordered.

Delivered in Open Court at Meru this 24th day of July, 2014 in the presence of:

Cc Daniel/Lilian

Mutwiri Arimi for appellant

Ayub Anampiu for respondents

P. M. NJOROGE

JUDGE