JANENDRA RAICHAND SHAH & 2 OTHERS v MISTRY VALJI NARAN MULJI [2008] KEHC 3532 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MOMBASA

Commercial Civil Suit 84 of 2005

JANENDRA RAICHAND SHAH & 2 OTHERS ………….PLAINTIFF

VERSUS

MISTRY VALJI NARAN MULJI…………………………DEFENDANT

R U L I N G

It is clear from the record and counsel submissions that the motion dated 14. 3.2008 was listed fro mention for purposes of fixing a hearing date.  The Respondent in fact filed a replying affidavit on 3/4/2008 and I doubt whether he served the same upon the applicant’s counsel.  After a careful consideration of the circumstances behind this matter I am of the view that it will be unfair to dismiss the motion.  A fair order which hereby issued is to direct that the motion be fixed for interpartes hearing within 15 days.  The interim orders issued on 18/3/2008 are extended for a further 15 days.

Dated and delivered this 4th day of April 2008.

J.K. SERGON

J U D G E