Kenol Kobil Limited v Alfaways Limited & Hashi Energy Limited [2013] KEHC 6623 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

ENVIRONMENT AND LAND DIVISION

ELC.  CASE NO. 826 OF 2013

KENOL KOBIL LIMITED   ……………..………PLAINTIFF/APPLICANT

VERSUS

ALFAWAYS LIMITED  ………………………….….……1ST DEFENDANT

HASHI  ENERGY LIMITED………………………..……..2ND  DEFENDANT

RULING

In this matter, two applications are pending before me namely the Plaintiff’s application dated 20/8/13 and the 1st Defendant’s application dated 16/9/13. I am called upon to give directions to the parties on how these applications shall be disposed off.

I have considered the submission made by the parties regarding the issue of how best to handle these two applications and here are my directions:

The two applications are so inextricably intertwined that they are best dealt with together.  Accordingly, I hereby order that they be disposed together.

I direct the parties to exchange and file their written submissions thereto within 14 days from today’s date.

I decline to order Mr. Antony Thuo Mathi to appear in court for cross examination.

This matter shall be mentioned on 7/10/13 to confirm compliance and to take a ruling date.

SIGNED AND DELIVERED AT NAIROBI

ON THE 20TH DAY OF SEPTEMBER 2013.

MARY M. GITUMBI

JUDGE