Motomax Autospares v Philip Mutua Muli & Another

Motomax Autospares v Muli & another (Civil Appeal E1245 of 2023) [2025] KEHC 13383 (KLR) (Appeals) (30 September 2025) (Ruling) Neutral citation: [2025] KEHC 13383 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) APPEALS CIVIL APPEAL E1245 OF 2023 LP KASSAN, J SEPTEMBER 30, 2025 BETWEEN MOTOMAX AUTOSPARES ................................................................... APPLICANT AND PHILIP MUTUA MULI & ANOTHER ............................................. RESPONDENT (Being an appeal from the Judgment of the Chief Magistrate’s Court in Milimani CMCC No E2036 of 2022 delivered on 19th October 2023 by Honourable C.K Cheptoo (RM)) RULING 1. I have perused the proceedings and noted that the review being sought is in regard to orders issued by Mr Justice Njoroge who is still serving at High Court Milimani. The well-established rule on review of orders is that a Judge whose orders are subject for review, should hear the application. 2. Consequently, I shall transfer this Matter to Mr Justice Njoroge B for determination. In the meantime, and in order to preserve the subject matter, I shall grant prayer 2 of the pending application. Mention before the Deputy Registrar Civil Appeals on the 7th day of October 2025. 3. Orders Accordingly. DELIVERED, DATED AND SIGNED AT NAIROBI THIS 30TH DAY OF SEPTEMBER, 2025 L. P. KASSAN JUDGE In the presence of: Maina for Appellant https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13383/eng@2025-09-30 1

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