IN THE COURT OF APPEAL
AT ELDORET
(CORAM: MUSINGA, GATEMBU and MURGOR, JJ.A)
CIVIL APPEAL NO. Of 2007
BETWEEN
ARCHBISHOP SAMSON MWANGI GAITHO........... 1sT APPELLANT
BISHOP'S SYNOD OF THE
AFRICA INDEPENDENT .................................... 2ND APPELLANT
PENTECOSTAL CHURCH OF AFRICA.............. 3RD APPELLANT
AND
ARTHUR NJENGA ........................................... 1sT RESPONDENT
FRANCIS NJOGU ......................................... 2ND RESPONDENT
DANIEL RARUI ............................................ 3RD RESPONDENT
DANIEL NJENGA ........................................... 4TH RESPONDENT
(An appeal from the order of the High Court of Kenya at Eldoret
(Ibrahim, J) dated 3rd August, 2007
in
H.C.C.C. NO. 39 OF 2007)
**********************
ORDER OF THE COURT
When this appeal was called out for hearing this morning the appellants were not in court despite having been served on 11th May, 2015. Mrs Kimani holding brief for Mr Mbugua for the respondents though ready to proceed, applied for the appeal to be dismissed for non attendance of the appellants.
In the circumstances, the appeal is dismissed under Rule 102(1) of this Court's rules with no orders as to costs.
Dated at Eldoret this 28th day of May, 2015.
D. K. MUSINGA
...........................
JUDGE OF APPEAL
S. GATEMBU KAIRU, FCIArb
...................................
JUDGE OF APPEAL
A.K.MURGOR
............................
JUDGE OF APPEAL
I certify that this is a
true copy of the original
DEPUTY REGISTRAR