REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU CIVIL APPEAL 140 OF 2011 K-REP BANK LTD........................................................................................APPELLANT VERSUS GEORGE A. SINO T/A JONE BROOKS CONS. LTD.............................RESPONDENT RULING The application dated 6-7-2012 by the respondent/applicant seeks to have this appeal struck out with costs. When it came up for hearing on 1-10-2012 the same was not opposed. There was an affidavit of service dated 19-9-2012 and filed on 20-9-2012 sworn by one John Ocheing Ouma. Apparently, the respondent on 26-7-2012 filed a notice to withdraw this appeal. Perhaps this explains the reasons for failing to turn up in court on 1-10-2012. However, after perusing the application aforestated I am satisfied that the same is meritorious. The respondent can still ventilate its issues in the Appeal No. 390/2011. Leaving this appeal to stay, although it has been withdrawn shall cause confusion to the respondent. In the premises the application dated 6-7-2012 is allowed as prayed. The applicant shall equally have the cost of this application and the entire struck out appeal. This orders shall apply to Appeals No. 141/2-11. 142/2011 and 143/2011. Dated, signed and delivered at Kisumu this 15th day of October 2012 H.K. CHEMITEI JUDGE In the presence of: Omondi for Ragot for appellant Miss Odhiambo for Mulindo respondent HKC/va
Original judgment
K-rep Bank Ltd v George A. Sino T/A Jone Brooks Cons. Ltd
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