IN THE COURT OF APPEAL
AT NAIROBI
CORAM: OMOLO, TUNOI & KEIWUA, JJ.A.
CIVIL APPLICATION NO. NAI 237 OF 2001
BETWEEN
VICTOR CAETANO D'SOUZA
CAMILLA FRANCES D'SOUZA
PRITHPAL SINGH CHADA
HARBANS KAUR CHADA (as Executrix of the estate of JAGJIT SINGH CHADA (DECEASED)
HARBANS KAUR CHADA
SANTOKH SINGH CHADA
PARMINDER SINGH CHADA
MANMOHAN KAUR CHADA
KANWALJIT SINGH CHADA
HARDEV SINGH DHANDA
PARSIN KAUR ................................................................................................................... APPLICANTS
AND
SAKI LIMITED ................................................................................................................. RESPONDENT
(Application to strike out a notice of appeal in an
intended appeal from a ruling of the High Court of
Kenya at Nairobi (O'Kubasu JA) dated 12th May, 2000
in
H.C.C.C. NO. 4503 OF 19
*******
RULING OF THE COURT
It appears from what is stated in the replying affidavit of Mr Murugara that the respondent to this application has lost interest in the intended appeal. The notice of appeal was lodged in Court on 24th May, 2000. That is well over one year and since then nothing has been heard from the respondent. Its advocates are unable to communicate with the respondent and in the circumstances it would be unfair to the applicants to keep the notice of appeal pending indefinitely. We allow the applicants' notice of motion dated 10th July, 2001, and order that the respondent's notice of appeal filed in the Court on 24th May, 2000, be and is hereby struck out with the costs thereof to the applicants.
Dated and delivered at Nairobi this 20th day of December, 2001.
R. S. C. OMOLO
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JUDGE OF APPEAL
P. K. TUNOI
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JUDGE OF APPEAL
M. Ole KEIWUA
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JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR