DAVID KIPILLAH SIPARO AND WILSON SABARA SIPARO AND 4 Others VS MATHE MENGE OMBANE AND SIBIS KWAMBOKA OBARE AND 3 Others

RULING

The 2^nd Defendant filed the application dated 16/07/24 on 22/10/24.

The court directed the said application to be served on the Plaintiff/Respondent physically by close of business on 28/10/24.

Today the Plaintiff/Respondent states that the application is yet to be served.

The application was fixed for hearing today by consent but the applicant is not present.

Consequently, the Application dated 16/07/24 is hereby struck out for non – prosecution with no orders as to costs.

IN THE PRESENCE OF:

COURT ASSISTANT – Ngeno

PLAINTIFF – Mr. Kamwaro and Mr. Shira for Plaintiff

DEFENDANT – Mr. Gichana for 1^st & 15^th Defendant (N/A)

                        Mr. Wafula for 2^nd Defendant/Applicant