REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: AKIWUMI, BOSIRE and O'KUBASU JJ.A)
CIVIL APPLICATION NO. NAI 298 OF 1998
BETWEEN
BENROSE FAST FOOD....................................APPLICANT
AND
MURANGA PROPERTIES LTD ..............................RESPONDENT
(An application to strike out Notice of Appeal in the intended appeal from a decision/Ruling of the High Court at Nairobi (Justice Mbito) dated 16th October, 1998
in
H.C.C.C. No.1424 of 1997)
***************
RULING
The respondent Muranga Properties Limited was aggrieved by a ruling of the superior court in its civil case No.1424 of 1997, given on 16th October, 1997, and promptly filed a Notice of Appeal on 23rd October, 1997, declaring its intention to appeal against that decision. However, the respondent has to date not taken steps to file its appeal, and although its counsel was duly served with this application he has neither filed an affidavit in reply nor appeared to oppose the application. In absence of any explanation …