Garley Enterprises Limited v Agricultural Finance Corporation & another (Commercial Case 628 of 2006) [2022] KEHC 16288 (KLR) (Commercial and Tax) (10 November 2022) (Ruling)
Neutral citation:
[2022] KEHC 16288 (KLR)
Republic of Kenya
Commercial Case 628 of 2006
DO Chepkwony, J
November 10, 2022
Between
Garley Enterprises Limited
Plaintiff
and
Agricultural Finance Corporation
1st Defendant
Luster Limited
2nd Defendant
Ruling
1.This matter was listed for directions before this court on October 25, 2022. Although the other parties were not represented, Mr Ochieng counsel for the plaintiff indicated that the matter had proceeded and concluded before Hon Nzioka who is now on transfer. He suggested that the court gives directions on delivery of judgment since parties had filed submissions on the substantive suit.
2.I have as well perused the record and given that the matter proceeded before another judge, it is my considered view that for smooth progress and in order to issue directions on delivery of judgment, it would be proper that the proceedings be typed first. It also appears that the 1st defendant’s submission are not on record and hence direct that the 1st defendant files and/or ensures that its submissions are placed on record. That being the case, the following directions do issue:-a.That the proceedings herein be typed and the plaintiff to follow up with the deputy registrar and ensure that the same is acted upon.b.That the 1st defendant is granted fourteen (14) days to file and/or place its submissions on record.c.Mention on January 31, 2022 to confirm compliance with the above order and take further directions.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT NAIROBI THIS 10THDAY OF NOVEMBER, 2022.D O CHEPKWONYJUDGEIn the presence of:Mr Ochieng counsel for plaintiffMr Maweu counsel for 2nd defendantNo appearance for and by 1st defendantCourt assistant - SakinaHCCOMM NO E628 OF 2020 RULING - 2 | 2