REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CIVIL APPEAL NO. 227 OF 2013 JOSEPH MUTHEE MUCHIRI.......................APPELLANT VERSUS TIMOTHY KATHEMBE MWENDWA................1ST RESPONDENT GEDION NZIOKA...........................2ND RESPONDENT RULING 1. The application dated 5th February, 2015 seeks orders that the Appellant’s appeal herein be dismissed for want of prosecution. 2. It is stated in the affidavit in support that the Appellant has not taken any steps in this appeal since the filing of the same on 14th November, 2012. According to the Applicant, this reflects that the Appellant has lost interest in the matter. 3. The Appellant was served with the application but did not attend court on the hearing date. No papers have been filed in opposition to the application.The application has merits and is allowed with costs. B. THURANIRA JADEN Dated and delivered at Machakos this 11th day of June, 2015 B. THURANIRA JADEN JUDGE
Original judgment
Joseph Muthee Muchiri v Timothy Kathembe Mwendwa & 1 other
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