Commercial & Tax Division v John Mwaura Wainaina & 4 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS COMMERCIAL & TAX DIVISION CIVIL CASE NO. 93 OF 2001 MABEL WAKASA ASUMBA..........................................................PLAINTIFF VERSUS JOHN MWAURA WAINAINA..............................................1ST DEFENDANT WAKOMO SERVICES LIMITED......................................2ND DEFENDANT HESBON AHIRO ASUMBA................................................3 RD DEFENDANT BANU SALYANI...................................................................4 TH DEFENDANT TRUST BANK (IN LIQUIDATION)...................................5TH DEFENDANT RULING 1. The application dated 17/11/2020 is hereby allowed. 2. The 1st Defendant is substituted with his widow, Margaret Wambura Thuku. 3. There shall be no orders as to costs. 4. Although this matter was fully heard and submissions made, wherein only writing of the judgment is pending, I am unable to write the judgment due to personal conflict of interest. 5. Accordingly, the file shall be mentioned before Hon. Mabeya, J, the Presiding Judge of the Division, to allocate a Judge to write the judgment as the trial Judge has since left the Division. Mention on 21/04/2021 6. Meanwhile, the proceedings to be typed. DATED AND DELIVERED AT NAIROBI THIS 13TH APRIL, 2021. G.W.NGENYE-MACHARIA JUDGE In the presence of: 1. Anne Mbugua for the 1st and 2nd Defendants 2. Amolo Kibaya for the Plaintiff

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