Francis Mathenge Wambui v Do Chepkwony, J

Wambui v Sakali & another (Suing as the legal representatives and administrators of the Estate of the Late Hassan Makitwe Mukamba - Deceased) (Civil Miscellaneous Application E223 of 2025) [2025] KEHC 19297 (KLR) (18 December 2025) (Ruling) Neutral citation: [2025] KEHC 19297 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU CIVIL MISCELLANEOUS APPLICATION E223 OF 2025 DO CHEPKWONY, J DECEMBER 18, 2025 BETWEEN FRANCIS MATHENGE WAMBUI ........................................................ APPELLANT AND CAROLINE AMBIYO SAKALI & HELLEN NANGILA NATHAN (SUING AS THE LEGAL REPRESENTATIVES AND ADMINISTRATORS OF THE ESTATE OF THE LATE HASSAN MAKITWE MUKAMBA - DECEASED) RESPONDENT RULING 1. This matter is scheduled for mention for parties to confirm compliance of directions issued on 11th September, 2025 in respect of a Notice of Motion application dated 4th September, 2025. However, there is no appearance/attendance by either party and or their respective counsel. I have checked the Court Tracking System (CTS) and note that apart from a Notice of Appointment of Advocate, there is no response filed by the Respondents. Of worth noting, there is no representation to explain their absence. 2. In view of the above findings coupled with the non-attendance by either party and or their respective counsel, this Court proceeds to dismiss the Notice of Motion application dated 4th September, 2025 in accordance with the provisions of Order 12 Rule 1 of the Civil Procedure Rules, which provides that:“ If on the day fixed for hearing, after the suit has been called on for hearing outside the court, neither party attends, the court may dismiss the suit”. 3. Accordingly, this application is dismissed with no costs. It is so ordered. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19297/eng@2025-12-18 1

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