Ben Waswa v Andrew Wafula Nyongesa [2020] KEHC 8613 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

MISCELLANEOUS CIVIL APPLICATION NO. 98 OF 2018

BEN WASWA................................................PLAINTIFF

VERSUS

ANDREW WAFULA NYONGESA........DEFENDANT

RULING

1. Directions were given by Njagi J. on 12th March 2019, for filing of written submissions on a Motion dated 6th December 2018. The matter was then allocated a date for mention on 9th  May 2019

2. On 9th May 2019, the matter was placed before me instead of being placed before Njagi J. Issues were raised with regard to the directions of 12th March 2019 and I directed that the file be placed before Njagi J. that morning.  .

3. When the parties appeared before Njagi J., they were directed to obtain dates at the registry. That they did on 9th May 2019, and they appeared before Njagi J. on 17th October 2019, when the Judge required them to come back before him on 6th November 2019.

4. On 6th November 2019, the matter was listed before me rather than before Njagi J. Although I directed, on that occasion, that I could rule on the Preliminary Objection, having gone through the record and noted that it was a matter that Njagi J. was seized of, it would only be right that the matter goes back to Njagi J.

5. The parties shall obtain dates at the registry for mention of the matter before Njagi J. for further directions. It is so ordered.

DATED, SIGNED and DELIVERED at KAKAMEGA this 24th DAY OF January, 2020.

W. MUSYOKA

JUDGE