REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUSIA CIVIL MISCELLANEOUS APPLICATION NO. 102 OF 2015 IN THE MATTER OF FOREGIN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT, CAP 43 IN THE MATTER OF THE CHIEF MAGISTRATE’S COURT OF JINJA AT JINJA IN UGANDA CIVIL SUIT NO. 383 OF 2009 BETWEEN BABALANDA WILSON……………...............................................APPLICANT VERSUS H. YOUNG &CO. EAST AFRICA LIMITED…….……….............RESPONDENT RULING 1. In the course of preparing my decision in respect to the application of Babalanda Wilson dated 2 nd June, 2015, I have formed the opinion that the Foreign Judgments (Reciprocal Enforcement) Act, Cap 43 has not been fully complied with. I have in mind the requirement of Section 7 of the said Act. 2. In order to ensure that the procedure provided by the Act has been strictly adhered to and in accordance with the power granted to this Court by Section 5(3) of the Act, I direct the Applicant to serve the summons upon the Respondent, H. Young & Company East Africa Limited for inter partes hearing. 3. The Applicant will take a hearing in the registry. Dated, signed and delivered at Busia this 13th day of October 2016. W. KORIR, JUDGE OF THE HIGH COURT
Original judgment
Babalanda Wilson v H. Young &co. East Africa Limited
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