Kennedy Odhiambo Owiti t/a Odhiambo Owiti & Company Advocates v Dominion Farms Limited & 3 others [2024] KEHC 6749 (KLR)

Kennedy Odhiambo Owiti t/a Odhiambo Owiti & Company Advocates v Dominion Farms Limited & 3 others (Commercial Case 1 of 2020) [2024] KEHC 6749 (KLR) (6 June 2024) (Ruling)

Neutral citation: [2024] KEHC 6749 (KLR)

Republic of Kenya

In the High Court at Kisumu

Commercial Case 1 of 2020

RE Aburili, J

June 6, 2024

Between

Kennedy Odhiambo Owiti t/a Odhiambo Owiti & Company Advocates

Plaintiff

and

Dominion Farms Limited

1st Defendant

Lake Agro Ltd

2nd Defendant

The Registrar General of Companies

3rd Defendant

The Attorney General

4th Defendant

Ruling

1. This is a 2020 case. On 23rd May 2024, the Plaintiff testified and closed his case. The court reopened the case on conditions attached thereto, with timeleines, following the plea by the defendants’counsel, for leave to file documents and witness statements. It is now 14 days since the orders were made.

2. I note that only the 2nd Defendant has partially complied with the conditions for reopening of the plaintiff’s case and has not told this court why the witness statement has not been filed todate. The same applies to the 3rd and 4th Defendants who have not told this court why the witness statements in this 2020 matter has not been filed and served.

3. The court made orders on 23rd May 2024 for compliance and not partial compliance.

4. As there is no reason given for only partial compliance by the 2nd Defendant, no compliance by the 3rd and 4th Defendants and as the 1st Defendant has left it to court, saying that counsel could not get the client for purposes of filing witness statements and documents, I hereby recall and vacate the orders given on 23rd May 2024 reopening the Plaintiff’s suit and granting the Defendants leave to file documents and witness statements.

5. As the 2nd Defendant filed documents out of the 7 days as ordered on 23rd May 2024 and did file them only this morning and has not sought leave of court to enlarge the period for compliance, the documents as filed by the 2nd defendant are struck out and expunged from the record.

6. The orders of 23rd May 2024 which have not been fully complied with have automatically lapsed.

7. The Plaintiff’s case is hereby marked as closed and the defence case is also marked as closed for each defendant.

8. Parties to file submissions in writing within seven (7) days of today.

9. Judgment shall be delivered on 5th August 2024 during the recess.

10. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF JUNE, 2024R. E. ABURILIJUDGE