IN THE COURT OF APPEAL AT ELDORET (CORAM: MUSINGA, GATEMBU & MURGOR, JJ.A) CIVIL APPEAL NO. Of 2007 BETWEEN ARCHBISHOP SAMSON MWANGI GAITHO….……. 1sT APPELLANT BISHOP'S SYNOD OF THE AFRICA INDEPENDENT .................................... 2ND APPELLANT PENTECOSTAL CHURCH OF AFRICA.............. 3RD APPELLANT AND ARTHUR NJENGA ........................................... 1sT RESPONDENT FRANCIS NJOGU ......................................... 2ND RESPONDENT DANIEL RARUI ............................................ 3RD RESPONDENT DANIEL NJENGA ........................................... 4TH RESPONDENT (An appeal from the order of the High Court of Kenya at Eldoret (Ibrahim, J) dated 3rd August, 2007 in H.C.C.C. NO. 39 OF 2007) ********************** ORDER OF THE COURT When this appeal was called out for hearing this morning the appellants were not in court despite having been served on 11th May, 2015. Mrs Kimani holding brief for Mr Mbugua for the respondents though ready to proceed, applied for the appeal to be dismissed for non attendance of the appellants. In the circumstances, the appeal is dismissed under Rule 102(1) of this Court's rules with no orders as to costs.
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Dated at Eldoret this 28th day of May, 2015. D. K. MUSINGA ........................... JUDGE OF APPEAL S. GATEMBU KAIRU, FCIArb ................................... JUDGE OF APPEAL A.K.MURGOR ............................ JUDGE OF APPEAL I certify true copy of the original DEPUTY REGISTRAR that this is a
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