REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU CIVIL APPEAL NO. 15 OF 2013 MUNGAI KIVUTI.........................................................................................PLAINTIFF VERSUS MARGARET LORNA KARIUKI..............................................................1ST DEFENDANT THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION................................................................2ND DEFENDANT THE TRANSITITON AUTHORITY........................................................3RD DEFENDANT 9/5/2013 Coram: H.I. Ong'udi – Judge Njue -CC N/A by or for all parties COURT: The appellant and Mr. Mogusu for the 2nd and 3rd Respondents were notified to come today. None of them is here. The Deputy Registrar is directed to write and ask the parties to come to court for a mention on 16/5/2013 2.00 p.m. Without fail. H.I. ONGUDI JUDGE 9/5/2013 16/5/2013 Coram: H.I. Ong'udi – Judge Njue – CC Mr. Okwaro for Appellant (present)
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Mr. Mogusu for 1st Respondent - present Mr. Muiruri Mungai for 2nd Respondent – Absent Appeared in lower court for 2nd Respondent OKWARO: The Memorandum of Appeal was not served on the Respondent. The Appellant feels that the Respondent not having been served with any papers he wishes to withdraw the appeal. I therefore apply that the appeal be withdrawn to enable us pursue the matter before the Lower Court. Mr. Mogusu may not have anything to say as he has not been served. MOGUSU: Its presumed we are on record. We have no objection to the appeal being withdrawn. But I think we are entitled to costs. COURT: Its confirmed that the Memorandum of appeal has not been served on the Respondent. Nothing much has taken place in this file. The appeal is therefore withdrawn as prayed. No order as to costs. H.I. ONG'UDI JUDGE 16/5/2013
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