REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL AND TAX DIVISION CIVIL SUIT NO. 472 OF 2017 ROYAL APARTMENTS LIMITED..........PLAINTIFF VERSUS VRAJBHUSHAN D. SHAH.............1ST DEFENDANT SAPNA V. SHAH..............................2ND DEFENDANT RULING 1. This suit was commenced vide a plaint dated 20/11/2017 whereby the plaintiff claimed a sum of Kshs.87,606,219/87 plus interest. The said claim was in respect of the purchase by the defendants of 3 apartments owned by the plaintiff. 2. Subsequently, the parties were referred to mediation. However, they failed to appear before the Mediator as required. This resulted in the Court issuing the parties with a Notice To Show Cause why they failed to appear for Mediation. 3. The 1st defendant filed a lengthy affidavit wherein he satisfactorily showed cause for the failure. However, the 2nd defendant and the plaintiff did not show any cause. This Court has noted the same. 4. In this regard, I direct that the parties undertake pre-trials within 14 days and the matter be listed for trial on a priority basis. DATED and DELIVERED at Nairobi this 25th day of February, 2021. A. MABEYA, FCI Arb JUDGE
Original judgment
Royal Apartments Limited v Vrajbhushan D. Shah & 1 other
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