STEPHEN MUTHEE (AS LEGAL REPRESENTATIVE OF ESTATE OF EVELYN KARAMBU (DECEASED)
V.
SAMSON NDERITU MURITHI

JUDGMENT OF THE COURT

This is an appeal from the judgment of Kasanga Mulwa J. delivered at Meru on 17^th July, 2003 in which the learned Judge dismissed the appellant’s appeal to that court.

The brief background to this appeal is that by an application dated 30^th October, 1993 the respondent applied for the appellant’s suit to be dismissed for want of prosecution. The respondent’s main complaint in that application was that the last time the case was in court was on 21^st July, 1993 and that more than three months had elapsed and yet the appellant (as the plaintiff) had taken no action to have the case set down for hearing. That application was resisted by the appellant stating that there was a problem in fixing the case for hearing in court No. 2 as a result of the death of the Resident Magistrate Mr. Ashioya.

Having heard the submissions by counsel appearing for the parties the learned Senior Resident Magistrate allowed the application by dismissing the appellant’s suit under Order XVI R…