1. The Appeal was lodged on 1 st April, 2022 and the Appeal admitted to hearing on
12 th July, 2023.
2. On 14 th April, 2022 Honourable Lady Justice R. Ngetich stayed the execution of
the decree upon same conditions.
3. After getting those orders, it appears that the Appellant went into slumber. They
did not attend court severally.
4. On 29 th June, 2023 it was pointed out that there was some discrepancy in the
parties and the Applicant was directed to regularize the record.
5. On 19 th October, 2023 the Appellant indicated that the claim was being
negotiated and payment was to be made.
6. The appellant did not attend court subsequently leading to the Notice to Show
Cause which was heard and discharged on 29 th February, 2024 and further
directions given.
7. The Appellant did not appear at the next date that is 22 nd May, 2024 and 28 th
May, 2024.
8. The record shows that on 24 th May, 2024 the Applicants were called on telephone
No. 0730 130 201 and notified on their email info 70@kglaw.Co.Ke for the
hearing of 4 th June, 2024.
9. On 4 th June, 2024 again there was no appearance. Again at the abundance of
caution the court called the firm twice at 9.10am and 9.24 am. As per the other
time, they did not respond.
10. Clearly they are not interested in prosecuting the Appeal. Order 42 sets out
clearly how an appeal should be conducted. Under Order 42 R.16 a certificate
on the hearing can be taken out. That has not been done.
11. A Notice to show cause had earlier been issued. A proper Notice was also
issued. Clearly the Appellant is not keen to succeed.
12. Accordingly, the Appeal is dismissed under Order 42 Rule 20 for Non-
attendance.
13. Any interim orders are hereby vacated.
14. The costs of the Appeal are awarded to the Respondent and they are assessed
at Ksh. 60,000 all inclusive.
Dated, Signed and Delivered at Nairobi this 7th Day of June, 2024.
__________________________________
Hon. Lady Justice W. Micheni
7/06/2024
In the Presence of:
Court assistant – Gladys
12 th July, 2023.
2. On 14 th April, 2022 Honourable Lady Justice R. Ngetich stayed the execution of
the decree upon same conditions.
3. After getting those orders, it appears that the Appellant went into slumber. They
did not attend court severally.
4. On 29 th June, 2023 it was pointed out that there was some discrepancy in the
parties and the Applicant was directed to regularize the record.
5. On 19 th October, 2023 the Appellant indicated that the claim was being
negotiated and payment was to be made.
6. The appellant did not attend court subsequently leading to the Notice to Show
Cause which was heard and discharged on 29 th February, 2024 and further
directions given.
7. The Appellant did not appear at the next date that is 22 nd May, 2024 and 28 th
May, 2024.
8. The record shows that on 24 th May, 2024 the Applicants were called on telephone
No. 0730 130 201 and notified on their email info 70@kglaw.Co.Ke for the
hearing of 4 th June, 2024.
9. On 4 th June, 2024 again there was no appearance. Again at the abundance of
caution the court called the firm twice at 9.10am and 9.24 am. As per the other
time, they did not respond.
10. Clearly they are not interested in prosecuting the Appeal. Order 42 sets out
clearly how an appeal should be conducted. Under Order 42 R.16 a certificate
on the hearing can be taken out. That has not been done.
11. A Notice to show cause had earlier been issued. A proper Notice was also
issued. Clearly the Appellant is not keen to succeed.
12. Accordingly, the Appeal is dismissed under Order 42 Rule 20 for Non-
attendance.
13. Any interim orders are hereby vacated.
14. The costs of the Appeal are awarded to the Respondent and they are assessed
at Ksh. 60,000 all inclusive.
Dated, Signed and Delivered at Nairobi this 7th Day of June, 2024.
__________________________________
Hon. Lady Justice W. Micheni
7/06/2024
In the Presence of:
Court assistant – Gladys