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…They seek the following orders:- (1) That summary judgment be entered in favour of the plaintiffs against the Defendants. (2) That the costs of this application be provided for. (3) That such other and or further orders be…

…The Court of Appeal’s response to that argument is found at page 8 of the judgment line 9 from the bottom.…

…action in these matters has been blamed on the applicant's previous advocate Onyango Otieno who though he filed a notice of appeal within time, had let the applicants down in not collecting the record of proceedings and judgment…

…For though the proceedings and judgment were paid for on 18th February, 1997 and were ready for collection on 6th March, 1997, they were not collected until 18th August, 1997, when the applicants had again instructed a third…

…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…

…Being so undefended no issue remains to be determined by the court hence I do enter judgment for the plaintiff as prayed in the plaint.…

….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J) JUDGMENT In form this is an application for an interlocutory injunction under Rule 5(2) (b) of the Rules of the…