JAMES MUNGAI MAGARI V. HOUSING FINANCE COMPANY OF KENYA

RULING OF THE COURT

The applicant, James Mungai Magari filed a Notice of Motion dated 21^st April, 2017 and sought inter alia:

“1)....

2). That the Notice of Appeal filed by the Respondent on 4^th April, 2013 be considered as withdrawn and an order of this Honourable Court be made accordingly.

3). That in the alternative, the Notice of appeal filed by the respondent on 4^th April, 2013 be struck out and an order of this Honourable Court be made accordingly.

4). ....”

In the motion, Housing Finance Company of Kenya Limited is named as the respondent.

The motion is supported by an affidavit of Jane Ondieki, Advocate sworn on 21^st April, 2017 in which she deponed that her firm is on record as appearing for the applicant; that the judgment, the subject of the intended appeal was delivered on 8^th March, 2013; that the respondent’s counsel lodged a Notice of Appeal on 8^th April, 2013; that although the respondent intends to appeal, it has no chances of succeeding on appeal; that the applicant is an …