Wamunyu v Njoroge & 2 others [2024] KEHC 14554 (KLR)

Wamunyu v Njoroge & 2 others (Civil Appeal E249 of 2021) [2024] KEHC 14554 (KLR) (31 October 2024) (Ruling)

Neutral citation: [2024] KEHC 14554 (KLR)

Republic of Kenya

In the High Court at Kiambu

Civil Appeal E249 of 2021

DO Chepkwony, J

October 31, 2024

Between

Joan Wanjiru Wamunyu

Appellant

and

Esther Wanjiru Njoroge

1st Respondent

Joseph Kabaiku Kariuki

2nd Respondent

Peter Njoroge Kariuki

3rd Respondent

Ruling

1. This matter is for mention for parties and or their respective counsel to show cause why the appeal should not be dismissed for want of prosecution. There is no appearance by either party and or their representation to explain their absence.

2. I have perused the record and note that since lodging the appeal by Memorandum of Appeal filed on 20th December, 2021, there has been no action taken by either party and more so, the Appellant and or counsel.

3. In view of this, it is clear that the Appellant and or counsel have lost their interest in having the appeal prosecuted.

4. In the circumstances, it is only prudent that the court system be unclogged of backlog by having this appeal dismissed. The court therefore proceeds to dismiss the appeal for want of prosecution pursuant to Order 42 Rule 35(2) of the Civil Procedure Rules.It is so ordered.

RULING DATED AND SIGNED AT KIAMBU THIS 31st DAY OF OCTOBER , 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partyCourt Assistant - Martin