REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS COMMERCIAL & ADMIRALTY DIVISION CIVIL SUIT NO. 150 OF 2017 VICTOR MAKAU WAMBUA..................................................1 ST PLAINTIFF/RESPONDENT ZACCHEUS MWALYO BERNARD......................................2ND PLAINTIFF/RESPONDENT -VERSUSEQUITY BANK LIMITED...............................................................................1 ST DEFENDANT LAZARUS KINYUMU T/A SPECTRUM AUCTIONEERS LTD...............2ND DEFENDANT PURPLE ROYAL AUCTIONEERS................................................................3 RD DEFENDANT CREDIT REFERENCE BUREAU AFRICA LTD.........................................4 TH DEFENDANT RULING 1. It would seem that the plaintiff has lost interest in this matter. The last time the plaintiff was represented in court was on 31st May 2017. Since then the matter appeared before court on 31st July and 16th October 2017 and although the plaintiff was served for both these two dates there was no appearance on behalf of the plaintiff. 2. The application before court is a notice of motion dated 25th June 2018 filed by 1st, 2nd, 3rd and 5th defendants. It was heard before on 2nd October 2018. The plaintiff although served did not attend court. The application seeks dismissal of the suit for want of prosecution. 3. As stated before the evidence is clear, the plaintiff has lost interest in this matter and there is no reason to maintain this matter on record. 4. Accordingly, this suit is hereby dismissed against all defendants for want of prosecution with costs of the suit and of the notice of motion dated 25th June 2018 being awarded to 1st, 2nd, 3rd and 5th defendants. I order this file to be closed. DATED, SIGNED and DELIVERED at NAIROBI this 29th day of November, 2018. M. KASANGO JUDGE Ruling read and delivered in open court in the presence of: Court Assistant....................Sophie ........................................... for the Plaintiffs ........................................... for the Defendants
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MARY KASANGO JUDGE
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