REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA MISCELLANEOUS CIVIL APPLICATION NO. 40 OF 2006 IRENE KUTSUSHI......................................................................1 ST APPLICANT WILLIAM KADIMA...................................................................2 ND APPLICANT JOSEPH MUDENYO.................................................................3 RD APPLICANT VERSUS HERMAN MULAMA MUDENYO.........................................1 ST RESPONDENT JOSEPH SHITAWA MUDENYO............................................2ND RESPONDENT RULING 1. The applicants moved the court by a Motion dated 11th March 2015, seeking dismissal of this cause for want of prosecution. 2. The application was filed in 2015 and since then the respondent made no effort to have their summons for revocation of grant dated 30 th March 2006 prosecuted. 3. I agree with the applicants, there is want of prosecution. The summons dated 30 th March 2006 has never been prosecuted since the date of its filing in 2006. It is hereby dismissed for want of prosecution. The applicants to the Motion dated 11 th March 2015 shall have the costs. 4. The trial court file in Butere PMCSC No. 100 of 2003 shall be returned to the Butere registry for finalisation. The High Court file shall be closed. DATED, SIGNED and DELIVERED at KAKAMEGA this 15th DAY OF November, 2019. W. MUSYOKA JUDGE
Original judgment
Irene Kutsushi & 2 others v Herman Mulama Mudenyo & 1 other
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