K & K AMMAN LIMITED V. MOUNT KENYA GAME RACH LIMITED, ATTORNEY GENERAL (ON BEHALF OF THE PRINCIPAL REGISTRAR OF TITLES), NDUNG'U NJOROGE & KWACH ADVOCATES & KAPLAN & STRATTON ADVOCATES

RULING OF THE COURT

Following the judgment in the High Court where Ringera, J (as he then was) dismissed entirely the applicant’s suit against the 1^st, 3^rd and 4^th respondents and allowed partially the suit against the 2^nd respondent, the applicant preferred this appeal by lodging a notice of appeal and subsequently the record of appeal on 10^th June, 2003.

It is not clear why but the appeal was not listed for hearing until 14^th July 2010, seven years later. When it did come up on that day, it emerged that although all counsel involved were duly served with the hearing notice and were in attendance, the firm of S. Musalia Mwenesi Advocates for the appellant was not represented. We note that they had received the hearing notice on 24^th May 2010 under protest for the reason that they were no longer on record. A similar remark had been made earlier in response to a letter from the Deputy Registrar inviting the firm to take the hearing date.

When the appeal was called out on 14^th July 2010, a…