East Africa Cables Limited v Rift Valley Cable Distributors Limited [2021] KEHC 7209 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

COMMERCIAL AND TAX DIVISION

HCCC NO. 147 OF 2016

EAST AFRICA CABLES LIMITED ……………………………………..PLAINTIFF

VERSUS

RIFT VALLEY CABLE DISTRIBUTORS LIMITED …………………DEFENDANT

RULING

1. I have perused the affidavit of service dated 25th February 2021 and I am satisfied that both the defendants advocates on record and the defendant’s Directors Mr. Edwin Gichuki Kibe and Mr. Alfred Kibe Micah were served with the Notice to Cross Examine the Defendants Directors.

2. Mr. Chelagat, for the defendants also indicated that he duly served the defendant with the application to cease acting for them.  I have perused the affidavit of service dated 25th February 2021 and I am satisfied that the defendant’s directors were served with their advocate’s application to cease acting for them.

3. Consequently, I allow both the application to cease acting and the application dated 24th January 2017 in the following terms: -

a) The defendants advocate’s application to cease acting for the defendant is hereby allowed.

b) Execution for the decretal sum herein plus costs and interests thereon do issue against the defendant’s directors namely Mr. Edwin Gichuki Kibeand Mr. Alfred Kibe Micah.

Dated, signed and delivered via Microsoft Teams at Nairobi this 6th day of May 2021in view of the declaration of measures restricting court operations due to Covid -19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on the 17th April 2020.

W. A. OKWANY

JUDGE

In the presence of:

Ms Inima for the plaintiff.

Mr. Ibrahim for the Defendant and Directors of the defendant after judgment.

Court Assistant: Sylvia.