Mary Waithira Kanyari v Kantafu Company Limited Kenya Power & Lighting Company Limited

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS Civil Case 44 of 2003 MARY WAITHIRA KANYARI .........................................................................................................PLAINTIFF VERSUS KANTAFU COMPANY LIMITED KENYA POWER & LIGHTING COMPANY LIMITED........................................................DEFENDANTS RULING After hearing submissions into the Notice of Motion dated 19 th June 2005 by the applicant/2 nd defendant, I have since noted that the plaintiff/Respondent herself, who stands to be affected by the orders sought in this application, was not served in person. The affidavit of service was handed over to the court at the time the application was heard. This affidavit shows that the persons served were plaintiffs/Respondent’s advocates. It would be unfair to make any ruling in the matter without the Respondents prior knowledge of this application even if the service to her may or may not affect the ruling. Consequently, I set aside the proceedings of this court on 11th May, 2006. Further I order that the plaintiff/Respondent be served in person together with the firm of advocates representing her for inter partes hearing on a date to be set in court. Dated 17th May, 2006, at Machakos. J. LESIIT JUDGE