REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) ELC. CASE 1784 OF 2007 HENRY ORYEM OKELLO………………...……..1ST PLAINTIFF ERISANWERO OPIRA……………………………2ND PLAINTIFF VERSUS SUKHDEV SINGH LALY……...................…………DEFENDANT LAZARUS KIBUI NDEGWA…………..................…..APPLICANT RULING As gathered from the pleadings the record is as follows: 16.12.08 Coram: Kubo J. Ruoro – Court Clerk D. G. Njoroge for Panekh for Plaintiff K. Mugure for Applicant/Interested Party No appearance for Defendant Mr Mugure Interested Party/Applicant filed submissions on 10 th December 2008 on Chamber Summons dated 18 th June 2008. Defendant filed submissions on 4th December 2008. Njoroge My instructions not clear. Mr. Parekh’s brother died last night and I do not have Mr. Parekh’s file on the case. Court
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Oral submissions on 12th May 2009. Signed When the parties appeared before me on 12th May 2009 the appearances were as follows: Coram: Osiemo J. Mr. Parekh for Plaintiff Mr Mwaniki for Defendant Mr Oukolea for interested party Court Clerk – Shikumo Mr Mwaniki: Submissions have been filed. We request for the date for the ruling of the two Applications. Osiemo J. Court Matter go to 8th June 2009 for the ruling of the two Applications. Osiemo J But on perusal of the court record it is apparent that the matter was on 16th December 2008 stood over to 12th May 2009 for oral submissions but when the parties appeared before me on 12 th May 2009, they informed me that submissions have been filed on the two Applications and sought for the date of the ruling. First this was a departure from the order of the court of 16 th December 2008 which had ordered oral submissions. Secondly on perusal of the record, those submissions cannot be traced. The parties ought to have addressed the court on the said two applications whose dates have not been shown. For the above reasons I am unable to write the ruling. I order that the parties do submit orally in court in respect of the said two matters. Those are the orders of this court. Dated and delivered at Nairobi this 23rd day of June 2009. J. L. A. OSIEMO JUDGE
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