The application dated 26.07.2023 is allowed on terms that the appeal is reinstated on the following conditions:
1. The Appellant shall pay costs of Kshs. 15,000.00 within 14 days.
2. The Appellant shall file and serve the Record of Appeal within 30 days from the date hereof.
3. In default of any one condition, the appeal shall stand dismissed with costs.
4. Mention on 09.11.2023 for directions and further orders.
DATED at NAIROBI this 25th day of SEPTEMBER 2023
D. S. MAJANJA
JUDGE