Commercial and Admiralty Division v Cannon Assurance Kenya Limited

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI COMMERCIAL AND ADMIRALTY DIVISION CIVIL SUIT NO. 151 OF 2008 EUNICE WANJIRU GATHITHI the legal representative of the estate of the late FREDRICK GATHITHI KABUE....................................................PLAINTIFF VERSUS CANNON ASSURANCE KENYA LIMITED............................DEFENDANT RULING 1. The Notice of Motion dated 19th June 2020 was argued before me on 5th August 2020. At the time of hearing that application the original court file of this matter was not availed to me. Upto the time when I sat to consider my Ruling that court file was not availed. It is clear that this matter that was filed in the year 2008 has copious proceeding and court attendances. The application before me requires the court to reconsider the past proceedings in this matter. Since I am on transfer to another court and because I cannot consider my Ruling in the absence of the original file I direct as follows: a. This file shall be placed before the incoming judge on a date to be fixed. b. The incoming judge and/or the parties may decide whether to hear the application dated 19 th June 2020 de novo or not. DATED, SIGNED and DELIVERED at NAIROBI this 13th day of OCTOBER 2020. MARY KASANGO JUDGE Before Justice Mary Kasango C/A Sophie For the Plaintiff: For the Defendant: ORDER This decision is hereby virtually delivered this 13th day of October, 2020. MARY KASANGO JUDGE