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Original judgment

keca-2015-00024

IN THE COURT OF APPEAL AT KISUMU (CORAM: MARAGA, GATEMBU & MURGOR, JJ.A.) CIVIL APPEAL NO. 77 OF 2012 BETWEEN JAMES OBONDI OLIECH…………………………………..……………….. 1ST APPELLANT TOM ORIAWO…………………………………………………………………. 2ND APPELLANT JOHN OSAMBO………………………………………………………….……..3RD APPELLANT AYUB OCHIENG OWl ………………………………………………………. 4TH APPELLANT THOMAS OGADA ……………………………………….…………………… 5TH APPELLANT SYPRIN OOKO OCHUKA ………………………………………………….. 6TH APPELLANT SAMWEL OKUTA ABONGA …………………………………..…………. 7TH APPELLANT CARLUS AGANGA ……………………………………………………..………8TH APPELLANT HENRY JUOMBO ……………………………………………………………...9TH APPELLANT AND MARIKUS ONG’IDI ODHARE .................................................. RESPONDENT (Being an Appeal from the Judgment of the High Court of Kenya at Kisumu (Wambilyangah, J.) dated 10th May, 2000 in H.C.C.C. NO. 386 of 1995) ******************* ORDER OF THE COURT Neither the appellants nor their counsel are in court, counsel on record for the appellant was

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served with the hearing notice for today on 9th June, 2015. He has written to court that he is no longer in private practice as he is now a full time lecturer at the Kenya School of Law. But he is still on record as he has not applied to cease acting for the appellants. This is an old appeal which has come up for hearing several times but has not been heard due to the failure of the appellants to appear and prosecute it. In the circumstances, we are of the view that the appellants have lost interest in this appeal. As Mr. Mwamu, learned counsel for the respondent is not conceding the appeal, we accede to his plea and hereby dismiss this appeal with costs under Rule 102 of this Court's Rules. DATED this 18th June, 2015. D.K.MARAGA JUDGE OF APPEAL S. GATEMBU KAIRU, FCIArb JUDGE OF APPEAL A.K.MURGOR JUDGE OF APPEAL I certify that this is a true copy of the original. DEPUTY REGISTRAR

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