JUDGMENT
This is a second appeal by Hanif Igbal Khan, the appellant, challenging the judgment of the High Court at Malindi (W. Korir, J.) dated April 24, 2019 and delivered on June 20, 2019 by Nyakundi J. dismissing his first appeal from a ruling of the Magistrate’s Court at Kilifi delivered on 7th March 2017 in Kilifi SPMCC No. 46 of 2013 dismissing his suit for want of prosecution.
The record shows that the appellant and the respondent, Wines & Spirits Kenya Limited, were in a tenant and landlord relationship in respect of premises known as LR No. 562/III/MN Mtwapa Creek (the premises). On February 13, 2013, the appellant filed suit against the respondent before the Magistrate’s Court at Kilifi in PMCC No. 46 of 2013 and at the same time filed an application in that suit seeking orders to restrain the respondent from evicting him from the premises. On May 23, 2013 (though the appellant makes reference to December 27, 2013) that court issued an order restraining the respondent from evi…