PETER KEEN KIBOI V. TERENCE NAIBEI LUBUSI

JUDGMENT OF THE COURT

This is an interlocutory appeal arising from the ruling and order of the High Court of Kenya at Bungoma (S. Mukunya, J.) dated 12^th May, 2017 in which the appellant’s application dated 1^st August, 2016 seeking to vary, review and set aside an order of dismissal of his appeal made on 26^th March, 2014 was dismissed with costs.

The court had on that date dismissed the appellant’s appeal for want of prosecution pursuant to the respondent’s application dated 11^th February, 2014. In that application, the respondent sought the dismissal of Civil Appeal No. 132 of 2010 filed by the appellant against the respondent. Apparently, the High Court had on 19^th October, 2011 issued an order in that appeal in these terms:-

“Leave granted to the appellant to file and serve and amended record within 15 days. Hearing on 21.3.2012.”

By the time the application was being made two years down the line, the appellant had neither filed the supplementary record of appeal nor set down the appea…