Butali Sugar Mills Ltd v Frodak Kenya Limited t/a Frodak Cleaning Services; Zakayo & others (Proposed Third Party) (Civil Case E014 of 2021) [2024] KEHC 11234 (KLR) (20 September 2024) (Judgment) Neutral citation: [2024] KEHC 11234 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CIVIL CASE E014 OF 2021 MS SHARIFF, J SEPTEMBER 20, 2024 BETWEEN BUTALI SUGAR MILLS LTD ................................................................... PLAINTIFF AND FRODAK KENYA LIMITED T/A FRODAK CLEANING SERVICES ................................................................................................. DEFENDANT AND ABRAHAM K ZAKAYO & OTHERS ......................... PROPOSED THIRD PARTY JUDGMENT 1. I have considered the request for judgment dated 6th November, 2023 made against the 1st to 123rd third parties and I have also considered the affidavit of service of Judith Opiyo Orengo sworn on 15th September 2023 and the copy of advertisement made through the Standard Newspaper on 21.7.2023 annexed as Plaintifi’s annexure JAO-1 and I am satisfied that the 1st to the 123rd interested parties were duly served with summons to enter appearance by way of the aforesaid substituted service and have that notwithstanding failed to enter appearance within the requisite time frame or at all wherefore I do hereby enter judgment against them for a liquidated sum of Kshs.29,489,431. 2. It is hereby so ordered. DATED, SIGNED AND DELIVERED AT KISUMU THIS 20TH DAY OF SEPTEMBER, 2024. M. S. SHARIFF JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/11234/eng@2024-09-20 1
Original judgment
Butali Sugar Mills Ltd v Frodak Kenya Limited T/A Frodak Cleaning Services
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