Laigong v Ragos Trading Company Limited & another [2025] KEHC 6383 (KLR)

Laigong v Ragos Trading Company Limited & another (Miscellaneous Civil Application E173 of 2024) [2025] KEHC 6383 (KLR) (5 May 2025) (Ruling)

Neutral citation: [2025] KEHC 6383 (KLR)

Republic of Kenya

In the High Court at Kiambu

Miscellaneous Civil Application E173 of 2024

DO Chepkwony, J

May 5, 2025

Between

Paul Kiprono Laigong

Applicant

and

Ragos Trading Company Limited

1st Respondent

Adan Japso

2nd Respondent

Ruling

1. The matter I scheduled for mention for parties to conform compliance of directions issued herein in respect of the Notice of Motion application dated 27th January, 2025. In this application the Applicant is seeking for:-a.Spent;b.That pending the hearing and determination of the application, this Honourable Court be pleased to extend its conditional orders staying the proceedings in Limuru COMMSU No.E010 of 2024, Paul Kiprono Kaigong – vs- Ragos Trading Company Limited & Another.c.That this Honourable Court be pleased to review andor set aside the order dated 25th October, 2024 issued vide the ruling of 17th October, 2024 by the Hon. Lady Justice D. O. Chepkwony directing the transfer of Limuru MCCOMMSU NO.E010 of 2024, Paul Kiprono Laigong v Ragos Trading Company Limited & Another to the Limuru Magistrate’s Court Civil Division and thereafter substitute it with an order directing that the suit be transferred to Kiambu Chief Magistrate’s Court Civil Division or any other court station for hearing and disposal of the suit.d.That the costs of this application to be awarded to the Applicants.

2. The application is based on the grounds set out on its face and Supporting Affidavit sworn by Newton Derrick Ludenyo, counsel for the Applicant.

3. The application is unopposed as indicated by counsel for the 1st RespondentDefendant, Mrs Kiranda.

4. In the circumstances, the Notice of Motion application dated 27th January,2025 is hereby allowed with the following orders issuing:-a.The conditional orders staying the proceedings in Limuru COMMSU. NO.E010 of 2024, Paul Kiprono Laigong v Ragos Trading Company Limited & Another, be and are hereby extended.b.That the order dated 25th October, 2024 issued vide the ruling delivered on 17th October, 2024 by this Court directing the transfer of Limuru MCCOMMSU No.E010 of 2024, Paul Kiprono Laigong v Ragos Trading Company Limited & Another to Limuru Magistrate’s Court Civil Division is hereby reviewed and or set aside and thereafter the said order is substituted with an order directing that the suit be and is hereby transferred to Kiambu Magistrate’s Court, Civil Division or any other court station for the hearing and disposal of the suit.c.Costs to be in the cause.

It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 5TH DAY OF MAY 2025. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either party.Court Assistant - Martin