Mbukinya Success (k) Limited v Kamau Kiama

Mbukinya Success (K) Limited v Kiama (Civil Appeal E180 of 2023) [2024] KEHC 8204 (KLR) (26 June 2024) (Ruling) Neutral citation: [2024] KEHC 8204 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU CIVIL APPEAL E180 OF 2023 JK NG'ARNG'AR, J JUNE 26, 2024 BETWEEN MBUKINYA SUCCESS (K) LIMITED ................................................... APPELLANT AND KAMAU KIAMA .................................................................................. RESPONDENT RULING 1. The appeal herein was lodged on 12/6/2023. Proceedings and Judgment of the lower court lodged on 14/6/2023. 2. Application for stay dated 7/7/2023 was allowed on 14/7/2023. 3. The appellant thereafter did nothing to prosecute the appeal after directions had been given on 15/2/2024. 4. On 29/4/2024 the court directed that the Appellant do file and serve a record of appeal within 21 days from that date. 5. The Appellant failed to comply and this matter came up for hearing of the appeal on 3/6/2024. The appellants failed to appear too. 6. Mr. Kamau for the Respondents applied for the appeal to be dismissed. Going by the record, I do find that the appellant is not interested to prosecute this appeal. 7. Consequently, I do proceed to dismiss the appeal with costs to the Respondent. Costs are assessed at Kshs. 25,000/=. DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF JUNE, 2024. ……………… https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/8204/eng@2024-06-26 1

page 1 of 2