REPUBLIC OF KENYA High Court at Machakos Civil Case 262 of 2011 MATHATANI LIMITED …………………………..………………..PETITIONER VERSUS THE COMMISSIONER OF LANDS………………………1ST RESPONDENT THE ATTORNEY GENERAL……………………..….....…2ND RESPONDENT THE CHIEF ENGINEER MINISTRY OF ROAD…......……3RD RESPONDENT KENYA NATIONAL HIGHWAY AUTHORITY……....……4TH RESPONDENT NICHOLAS O’DWEYER &CO. LTD OF IRELAND….....5TH RESPONDENT ABDUL MULLICK ASSOCIATES LTD (K)………..…….6TH RESPONDENT COURT As I sat down to craft the decision herein, it transpired that the 1st and 2nd respondent had filed a replying affidavit on 23rd October, 2012. Contemporaneously with the filing of the replying affidavit, the 2 respondents took out a Notice of Motion seeking leave of this court to file and serve out of time the replying affidavit. The application has since been served on the petitioner. The replying affidavit raises issues that may impact heavily and have a direct bearing on determination of the petition if the depositions therein are indeed true. They tend to portray petitioner as being less than candid with the court. Those issues cannot simply be wished away. Since the affidavit is on record this court is bound to look at it. However, it will be prejudicial to the petitioner if I embarked on the exercise without the benefit of its response. In the premises, I am constrained to put off the crafting of the decision until the application for extension of time and or the replying the affidavit is addressed one way or another. DATED at MACHAKOS this 22ND day of NOVEMBER, 2012. ASIKE-MAKHANDIA JUDGE DATED, SIGNED and DELIVERED at MACHAKOS this 30TH day of NOVEMBER, 2012. GEORGE DULU JUDGE
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.