REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA CIVIL APPEAL NO. E020 OF 2023 DANIEL ONDWASI OTSYULA ……….…………………..….… APPELLANT VERSUS ABDULALI SHARIFF JIRAJ & RESPONDENT STEPHEN MURUNGA KUNDU RESPONDENT LIMITED.….…… 1 ST ……………………….…. 2ND SONS RULING 1. The Respondent herein moved this court by way of oral Application praying the Appeal herein be dismissed with costs to the respondent. 2. He states that the Appellant has not filed Submissions and is unable to Respond. He states that he served the firm of Lukoye and even the firm of Ms. Ndalila with a hearing Notice for today. There has been no response to that even as this morning even in the CTS. He states that it is therefore obvious that they have lost interest in this appeal. They oppose the Appeal and given the circumstances they pray that it be dismissed with costs to the Respondent. 3. Having perused the affidavit of service dated 13/3/2026 and being satisfied that the Appellant was duly served and is aware of today’s date, I allow the Respondent’s application seeking that the Appeal be dismissed. HCCA NO. E020 OF 2023 Page 1 of 2
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4. Accordingly, the Appeal herein is now hereby dismissed for want of Prosecution with costs to the Respondents and this file is closed. Read Dated and Signed at BUNGOMA on 11th day of May, 2026 E. OMINDE JUDGE HCCA NO. E020 OF 2023 Page 2 of 2
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