REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CIVIL APPEAL NO. 26 OF 2015 BETWEEN HASSAN OENDO BAGWASI..............................APPELLANT AND EDWARD APIMA DANI....................................RESPONDENT (An Appeal arising from Ruling and Order dated 25th February 2015 in Kisii CMCC No. 58 of 2010 by Hon. Makila RM) RULING The application coming up today is the Notice of Motion dated 22 nd March 2017 seeking to dismiss the appeal for want of prosecution. It is not opposed but Mr. Sagwe, advocate for the appellant states that he has not seen his client and wishes to withdraw from acting. The desire to withdraw from acting for a client who is not interested in pursuing his appeal does not constitute cause. The appeal is dismissed with costs of Kshs. 5000/=. D.S MAJANJA , J 26/6/2018 Court: Ruling read and delivered in open court. D.S MAJANJA, J 26/6/2018
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