Janendra Raichand Shah & 2 Others v Mistry Valji Naran Mulji

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Commercial Civil Suit 84 of 2005 JANENDRA RAICHAND SHAH & 2 OTHERS ………….PLAINTIFF VERSUS MISTRY VALJI NARAN MULJI…………………………DEFENDANT RULING It is clear from the record and counsel submissions that the motion dated 14.3.2008 was listed fro mention for purposes of fixing a hearing date. The Respondent in fact filed a replying affidavit on 3/4/2008 and I doubt whether he served the same upon the applicant’s counsel. After a careful consideration of the circumstances behind this matter I am of the view that it will be unfair to dismiss the motion. A fair order which hereby issued is to direct that the motion be fixed for interpartes hearing within 15 days. The interim orders issued on 18/3/2008 are extended for a further 15 days. Dated and delivered this 4th day of April 2008. J.K. SERGON JUDGE