Adan & another & another v Muthina (Miscellaneous Civil Application E557 of 2025) [2025] KEHC 13782 (KLR) (Civ) (1 July 2025) (Ruling) Neutral citation: [2025] KEHC 13782 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL MISCELLANEOUS CIVIL APPLICATION E557 OF 2025 SIFUNA NIXON, J JULY 1, 2025 BETWEEN IBRAHIM ABDULLAHI ADAN & ANOTHER ............................. 1ST APPLICANT CHADWICK ONYANGO ................................................................. 2ND APPLICANT AND MERCY MUTHINA ............................................................................ RESPONDENT RULING 1. This Application (dated 29th April 2025) coming up today for inter partes hearing. The Applicants being aware of this date, and only the Respondent’s counsel being in attendance, the Applicants and their Advocate are absent, hence they are not present to prosecute their Application. 2. I also note that the Applicant did not comply with the condition of the interlocutory stay granted to them on 5th June 2025. That interim order therefore lapsed and is no longer in existence. 3. For those reasons, this Application is hereby dismissed. The Respondent shall have costs, as she had opposed the Application through a Replying Affidavit. 4. Those costs are hereby assessed at Ksh15,000= (Kenya Shillings Fifteen Thousand). DATED AND DELIVERED AT NAIROBI ON THIS 1ST DAY OF JULY 2025. PROF (DR) NIXON SIFUNA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13782/eng@2025-07-01 1
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