Erye Motors Limited & 1 other v Geoffrey Momanyi Nyakundi (suing As The Legal Representative of The Late Mary Wambui Mwangi)

Erye Motors Limited & another v Nyakundi (Suing as the Legal Representative of the Late Mary Wambui Mwangi) (Civil Appeal E133 of 2024) [2026] KEHC 2206 (KLR) (19 February 2026) (Ruling) Neutral citation: [2026] KEHC 2206 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU CIVIL APPEAL E133 OF 2024 SM MOHOCHI, J FEBRUARY 19, 2026 BETWEEN ERYE MOTORS LIMITED ............................................................... 1ST APPELLANT EDWIN KIPLAGAT .......................................................................... 2ND APPELLANT AND GEOFFREY MOMANYI NYAKUNDI (SUING AS THE LEGAL REPRESENTATIVE OF THE LATE MARY WAMBUI MWANGI) ............................................................................................. RESPONDENT RULING 1. This matter came up for notice to show cause on the 14/11/2025. The Respondent advocate duly notified the court that the appellant had a stay on consent but failed to fulfil the terms of the consent. That subsequent thereto the appellant paid Ksh 3 million of the decretal sum leaving a balance. 2. The Respondent is of the view that the appeal ought to be dismissed for want of prosecution. 3. The court further directed service upon the Appellant culminating to the appearance of Mr. Murithi on the 20/11/2025. Mr. Murithi notified the court there had been change of advocates in this matter with instructions by the appellant to the firm of Kiptum & Co. Advocates and a notice had been filed. The court retired to peruse the CTS record 4. It is apparent that the Appellant never filed any notice of Change of Advocates, as such the firm of Seth & Wathigo has and remains on record. 5. The Appellants have thus failed to show cause why this appeal should not be dismissed for want of prosecution. 6. I accordingly dismiss the appeal for want of prosecution. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2206/eng@2026-02-19 1

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