Jim Kahumbura, John Kamau & Solomon Amiani v Alam Ja Aid & 57 others; Balwinder Sagod, Balwinder Sagod, Newton Njiru, Chana Kirandep, Kihunyororo Julius, Kalsi Singhrandeep, Mogul Imran, Sembi Singh Paramjeet, Therru Gurmit, Halai Dineshketan, Halai Mahesh & Khan Asad (Applicants) [2021] KEHC 2413 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CIVIL CASE NO. 50 OF 2012

JIM KAHUMBURA

JOHN KAMAU

SOLOMON AMIANI

(Suing as official of the Kenya Motor Sports Club)................PLAINTIFF

VERSUS

ALAM JA AID & 57 OTHERS.........................................…DEFENDANTS

AND

BALWINDER SAGOD

NEWTON NJIRU

CHANA KIRANDEP

KIHUNYORORO JULIUS

KALSI SINGHRANDEEP

MOGUL IMRAN

SEMBI SINGH PARAMJEET

THERRU GURMIT

HALAI DINESHKETAN

HALAI MAHESH

KHAN ASAD............................................................................APPLICANTS

ORDER ON DIRECTIONS

1) On 8th April 2015, this court delivered its ruling in which it made an order to keep in abeyance the motion dated 5th July 2012 pending the cross-examination of the 2nd applicant.  Miss Osman, learned advocate for the 28th, 30th, 34th, 38th, 40th, 43rd, 44th, 48th, 50th, 52nd and 57th defendants pointed out to this court that there is need to identify and name the party referred to as the 2nd applicant.

2) Mr. kaka, learned advocate for the plaintiff informed this court that there are new developments, in that, many parties to this suit have since passed on hence there was need for each advocate to inform this court those who have passed on and those who are still alive.

3) It is apparent from the record that the list of parties to this suit  kept on changing from time to time.  It is therefore not possible for this to identify and name who is the 2nd applicant since the name was not indicated in application dated 5th July 2012.  I think the practical direction to give is that proposed by Mr. Kaka.  Consequently, I hereby direct learned counsels appearing in this matter to each provide the names and status of their clients as at the date of this order.  This matter to be mentioned on 30/11/2021 to ascertain whether the advocates have provided the information and to give further orders and directions.

Dated, signed and delivered online via Microsoft Teams at Nairobi this 27th day of October, 2021.

...........................

J. K. SERGON

JUDGE

In the presence of:

……………………………. for the Plaintiff

……………………………. for the Defendant/Applicant