AZIZ EBRAHIM v RAMZAN EBRAHIM [2010] KEHC 3774 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS)

Civil Case 198 of 1999

AZIZ EBRAHIM……………...……………………....…. PLAINTIFF

VERSUS

RAMZAN EBRAHIM……….......…………….……… DEFENDANT

R U L I N G

In this case, both parties filed lists of agreed issues. Unfortunately, the parties could not agree on any one of them despite the fact that they have appeared in court on several occasions. From the record, the respondent has filed 27 issues which to him captures his issues and those of the applicant. On the other hand, the applicant has filed 43 issues to be considered by the court. Order XIV of the Civil Procedure Rules states as follows:

“At the hearing of the suit when issues have not already been framed the court shall, after reading the pleadings, if any, and after such examination of the parties or their advocates as may appear necessary, ascertain upon what material propositions of fact or law the parties are at variance, and shall thereupon proceed to frame and record the issues on which the right decision of the case appears to depend.”

This court has carefully considered the submissions by both learned counsels. Apart from the above, I have also considered the above provision of the law. Having done so, I am of the considered opinion that the respondent has framed all the relevant issues that the court should deal with. With due respect to the applicant, the issues that he has framed are too many and also they do overlap. In view of the above, the court will proceed to trial on the basis of the issues as framed by the respondent. Those are the orders of the court.

MUGA APONDI

JUDGE

Ruling read, signed and delivered in open court in the presence of:

Mr. Owino for Gikonyo - Applicant’s Counsel

Mr. Nyaburi for Nagpal - Respondent’s Counsel

MUGA APONDI

JUDGE

22ND JANUARY, 2010

Court:

Further mention on 8th February, 2010 with a view of fixing the hearing date.

MUGA APONDI

JUDGE

22ND JANUARY, 2010