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|Case Number:||civ app 175 of 02|
|Parties:||ZAINABU GA vs VALENTINE EDUCATION LTD. ) M.A. JAGANI AUCTIONEERS)|
|Date Delivered:||14 Feb 2003|
|Court:||High Court at Mombasa|
|Judge(s):||Pamela Mwikali Tutui|
|Citation:||ZAINABU GA vs VALENTINE EDUCATION LTD. ) M.A. JAGANI AUCTIONEERS) eKLR|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
CIVIL APPEAL NO. 175 OF 2002
ZAINABU NAIGA …………………………………………. APPELLANT
- VERSUS -
VALENTINE EDUCATION LTD. )
M.A. JAGANI AUCTIONEERS )……………………… RESPONDENT
R U L I N G
The application by a (summons) dated 29th November 2002 seeks leave to file a supplementary Affidavit sworn on 27.11.02 and a Further Affidavit on the grounds that the information therein is crucial in arriving at a fair and just decision.
There was no Replying Affidavit nor grounds of opposition filed but Mr. Gatonye for the Respondent in answer to the same said Supplementary Affidavit was irregularly on record. I have no doubt the Supplementary Affidavit dated 17.11.02 is indeed irregularly on record and is what the application seeks to regularize. No reasons have been given against granting such orders. The circumstances, the orders sought are granted. The Supplementary Affidavit shall be deemed as properly on record. A Further Affidavit shall be filed and served within 3 days hereof.
Costs of the application to the Respondent.
Dated at Mombasa this 14th day of February, 2003.
COMMISSIONER OF ASSIZE