Barclays Bank of Kenya Limited v Agidza & 2 others [2022] KEHC 15422 (KLR)

Barclays Bank of Kenya Limited v Agidza & 2 others (Commercial Case 3 of 2020) [2022] KEHC 15422 (KLR) (15 November 2022) (Ruling)

Neutral citation: [2022] KEHC 15422 (KLR)

Republic of Kenya

In the High Court at Kisumu

Commercial Case 3 of 2020

RE Aburili, J

November 15, 2022

Between

Barclays Bank of Kenya Limited

Plaintiff

and

Elizabeth Agidza

1st Defendant

Nathan Ondego Mdeizi

2nd Defendant

Alfred Sagwa Mdeizi

3rd Defendant

Ruling

1. The Application dated 27th July 2021 is not opposed. It was served upon the Respondent who was also granted time to file and serve a Replying Affidavit within seven (7) days of 14th June 2022 but to date, no Replying Affidavit has been filed.

2. Accordingly, I find that the application is unopposed. The same is hereby allowed. The defendant is granted leave to file an amended statement of defence and counterclaim and serve upon the Plaintiff within 21 days of today upon which the Plaintiff shall have 15 days of the date of service to file and serve a Reply to the amended Defence and Counterclaim or an amended Plaint as the case may be.

3. In addition, upon receipt of the amended plaint or Reply to amended defence and counterclaim, the defendant has leave of 10 days within which to file and serve a Reply to the amended Plaint in view of the counterclaim aspect.

4. Mention on 18th January 2023 to confirm compliance and for directions on the pretrial requirements.

5. The Defendant to serve the Plaintiff with copy of this Ruling.

6. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 15TH DAY OF NOVEMBER 2022R. E. ABURILIJUDGE