Joan Wanjiru Wamunyu v Esther Wanjiru Njoroge & 2 others

Wamunyu v Njoroge & 2 others (Civil Appeal E249 of 2021) [2024] KEHC 14554 (KLR) (31 October 2024) (Ruling) Neutral citation: [2024] KEHC 14554 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU CIVIL APPEAL E249 OF 2021 DO CHEPKWONY, J OCTOBER 31, 2024 BETWEEN JOAN WANJIRU WAMUNYU ............................................................... APPELLANT AND ESTHER WANJIRU NJOROGE ................................................... 1ST RESPONDENT JOSEPH KABAIKU KARIUKI .................................................... 2ND RESPONDENT PETER NJOROGE KARIUKI ..................................................... 3RD RESPONDENT RULING 1. This matter is for mention for parties and or their respective counsel to show cause why the appeal should not be dismissed for want of prosecution. There is no appearance by either party and or their representation to explain their absence. 2. I have perused the record and note that since lodging the appeal by Memorandum of Appeal filed on 20th December, 2021, there has been no action taken by either party and more so, the Appellant and or counsel. 3. In view of this, it is clear that the Appellant and or counsel have lost their interest in having the appeal prosecuted. 4. In the circumstances, it is only prudent that the court system be unclogged of backlog by having this appeal dismissed. The court therefore proceeds to dismiss the appeal for want of prosecution pursuant to Order 42 Rule 35(2) of the Civil Procedure Rules. It is so ordered. RULING DATED AND SIGNED AT KIAMBU THIS 31st DAY OF OCTOBER , 2024. D. O. CHEPKWONY https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/14554/eng@2024-10-31 1

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