JASWANT SINGH & BROTHERS LIMITED V GONDHO ENTERPRISES LIMITED [2012] KEHC 479 (KLR)

REPUBLIC OF KENYA

High Court at Nairobi (Nairobi Law Courts)

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JASWANT SINGH & BROTHERS LIMITED………………....PLAINTIFF

VERSUS

GONDHO ENTERPRISES LIMITED……………………...…DEFENDANT

RULING

This application seeks orders that the Plaintiff’s Plaint herein dated 25th July, 2006 be struck out, and that the suit be dismissed with costs. It is brought by way of Chamber summons dated 8th November, 2010, and taken out under Order VI Rule 13(1) (b) and (d) of the Civil Procedure Rules, and Sections 3 and 3A of the Civil Procedure Act.

When the matter came for hearing on 2th January, 2011, Mr. Maweu appeared for the Applicant but there was no appearance for the Respondent. The court noted that the Respondent’s Advocates had been served on 19th November, 2010. This gave them sufficient time to attend court but they did not do so. As if that were not enough, they did not file any grounds of opposition or replying affidavit. In the circumstances, the application was unopposed and the Applicant entitled to orders as prayed.

Prayers 1 and 2 of the application by Chamber Summons dated 8th November, 2010 are accordingly hereby granted as prayed.

L. NJAGI

JUDGE

DATEDand DELIVEREDat NAIROBI this 5th day of November, 2012

ODUNGA

JUDGE