KENYA BUREAU OF STANDARDS v LUNGA LUNGA TIMBER MART LIMITED [2009] KEHC 1448 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT

AT NAIROBI

MILIMANI LAW COURTS

Civil Suit 331 of 2009

KENYABUREAU OF STANDARDS…………………..…PLAINTIFF

VERSUS

LUNGA LUNGA TIMBER MART LIMITED. ………... DEFENDANT

1/7/2009

Coram: Onyancha J

Shikumo – court clerk

Omino for Applicant/Plaintiff

Omino:  We served the Defendant on 24th June, 2009.  They declined to sign. There is a return of service.  The supplementary (further affidavit) was also served.

D A ONYANCHA

JUDGE

Court:

The court has been advised that proper service was done upon the Defendants who refused to acknowledge and have so far declined to file their papers.  However due to the nature of the prayers, the court is of the view that Defendants be served again, this time through the court process server.  If thereafter no action is taken by the Defendants, the court will allow plaintiff to proceed ex parte.

D A ONYANCHA

JUDGE

ORDER:

1.   Hearing postponed to 13th July, 2009.

2.   Plaintiff/Applicant to serve the whole process together with this orders through the court process server on or before 3rd July, 2009.

3.   Defendant, if incline, to file and serve a replying affidavit on or before 8th July, 2009.

4.   Plaintiff/applicant at liberty to file and serve a supplementary affidavit on or before end of day of 10th July, 2009.

D A ONYANCHA

JUDGE

1/7/2009