Caselaw

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS CIVIL DIVISION HIGH COURT CIVIL APPEAL NO. 98 OF 2014 MODERN COAST EXPRESS LTD............APPELLANT/RESPONDENT VERSUS YAHYA SAHIB AHMED........................1ST RESPONDENT/APPLICANT JAMES MENZA TEWA.........................2ND RESPONDENT/APPLICANT OMAR ALI MOHAMED.......................3RD RESPONDENT/APPLICANT DAVID KIMEU NDUVA.........................4TH RESPONDENT/APPLICANT ATTORNEY GENERAL........................5TH RESPONDENT/APPLICANT RULING 1. The application dated 22nd March, 2017 principally seeks orders that: “1. The memorandum of appeal filed by the Applicant on the 24th March, 2014 be struck out for want of prosecution. 2. That the Decretal amount deposited in court be released to the Respondents. 3. The cost of this application be awarded to the 1st, 2nd, 3rd and 4th Respondents.” 2. It is stated in the affidavit in support that since the filing of the appeal on 24 th March, 2014, the Respondent has not taken any steps to prosecute the same. It is further stated that the failure to prosecute the appeal is an abuse of the court process. 3. The application is not opposed. The Respondent did not file any papers in opposition to the application. The Respondent was also not present during the hearing of the application though served. 4. I have considered the application. The record confirms that the memorandum of Appeal was filed on 24 th March, 2014. The Lower Court file was availed to this court. No Record of Appeal has yet been filed. Indeed no step has been taken herein by the Respondent since the filing of the appeal. This amounts to abuse of the court process. 5. With the foregoing, I allow the application with costs to the Applicants. Date, signed and delivered at Nairobi this 1st day of March, 2018 B. THURANIRA JADEN JUDGE