Civil Case 160 of 2010

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IBRAHIM NJIRU v CANON MOTORS LIMITED & 2 Others [2011] eKLR

Case Metadata
Case Number:	Civil Case 160 of 2010
Parties:	IBRAHIM NJIRU v CANON MOTORS LIMITED,DANIEL GIKUNDA & ANTONY MURIITHI GITONGA
Date Delivered:	15 Dec 2011
Case Class:	Civil
Court:	High Court at Embu
Case Action:	Ruling
Judge(s):	Hedwig Imbosa Ong'udi
Citation:	IBRAHIM NJIRU v CANON MOTORS LIMITED & 2 Others [2011] 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

AT EMBU

CIVIL CASE NO. 160 OF 2010

IBRAHIM NJIRU ……………….…………….............................…………… PLAINTIFF

VERSUS

CANON MOTORS LIMITED…………..........................……………1^ST RESPONDENT

DANIEL GIKUNDA ……………………..........................…………..2^ND RESPONDENT

ANTONY MURIITHI GITONGA ……..............................…………..3^RD RESPONDENT

R U L I N G

This is the Application dated 29/8/2011. It’s supported by the affidavit of the Managing Director of the 1^st Defendant. He says that at the time of the accident the 1^st Defendant was no longer in possession of the motor vehicle.

It has been opposed and the Plaintiff has filed a Replying affidavit.

I have read through the case of SECURICOR KENYA LTD. –VS- KYUMBA HOLDINGS LTD CIVIL APPEAL NO.73/02 NAIROBI. Whatever is deponed to by the Managing Director of the 1^st Defendant and the Plaintiff are all matters of evidence which must be tested through cross-examination. The Court of Appeal arrived at the Judgment after going through the evidence adduced before the High Court.

I need to give the parties the opportunity to testify. This is not a matter to dispose of by way of an interlocutory application, unless the parties have entered into a consent on anything.

I therefore disallow the application.

DATED SIGNED AND DELIVERED THIS 15^TH DAY OF DECEMBER 2011.

H.I. ONG’UDI

J U D G E

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