KIMBLE SECURICAL LIMITED AND JAMES KIMBO vs MARTIN OMONDI OPONDO [2001] KEHC 687 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL APPEAL NO.480 OF 2000

KIMBLE SECURICAL LIMITED AND JAMES KIMBO ………………………………………….. … APPELLAMTS VERSUS MARTIN OMONDI OPONDO ……………………………………. RESPONDENTS

RULING

Having considered in the light of the submissions of the Learned Counsel

1. The application (notice of Motion|) dated 11/12/2000 filed on 14. 12. 2000 I find that the provision of O.III R.A was not complied with by the Appellants/Defendants Advocate. Consequently prayer sought in I is granted and 2 – costs.

2. It is ordered that the amount deposited in Court in pursuance of an ex-parte Order made on 7/12/2000 be released to the Plaintiff/Respondent.

Orders accordingly.

SHAIKH M. AMIN ............ JUDGE

23/10/2001