RULING
- The court has perused the application and the Replying Affidavit as well as the supplementary affidavit dated 17.06.2025
- It is also important to also refer to the proceeding in the file.
- It is not in dispute that a judgment was pronounced on 23.02.2021 of which the Applicants were not satisfied with.
- Consequently, the Applicants filed a Memo of Appeal on the 10.03.2021 dated 10.03.2021.
- The next thing for the Applicants was to comply with filling the Record of Appeal and proceed for hearing.
- However, the Applicants did not take any steps to compile the record and or to inform the court of its efforts to prosecute the Appeal.
- The first and fundamental question is whether there is any justifiable reason for the court to review the dismissal order made on 14.05.2024.
- From the proceedings, there is no reason to explain why the Applicants abandon their own appeal.
- The Applicants and the Applicants counsel submitted that they were still pursuing an application for stay before the trial court.
- However, this explanation is not satisfactory because the lower court proceeding did not affect the Appeal file in any way.
- If for any reason, the lower court file affected the preparation of the proceedings and subsequently the filing of the Record, it was the duty of the applicants to inform the Appellant Court of their difficulties preparing the Record so that the appeal is not dismissed.
- Unfortunately, the Applicants failed to do so for a period of 3 years before the Appeal was dismissed.
- In essence therefore, the court does not see any reason as to vary and/or review the dismissal order issued on 14.05.2024 and this application is similarly dismissed with costs.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Mr.Mogambi for Appellants/Applicants.
Defendant: Mitei for the 1st Respondent (N/A)
Misoi for the 2nd & 3rd Respondent.