Macmillan Kenya (Publishers) Ltd v Mount Kenya Sundries Ltd [2015] KEHC 1341 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CIVIL CASE NO.2503 OF 1995

MACMILLAN KENYA (PUBLISHERS) LTD………….PLAINTIFF

VERSUS

MOUNT KENYA SUNDRIES LTD ….………………..  DEFENDANT

RULING

By Chamber Summons  dated 17th  February  2015,and filed in court  on 26th March 2015, the plaintiff Macmillan Kenya Publishers  Ltd seeks  from  this court  under Order 20 Rules 3  and 4  of the Civil Procedure Rules and  under the inherent  power of the court orders that:

An inquiry as to damages or an account of profits payable to the plaintiff by the defendants be made.

The costs of this application be provided for.

The application is predicated on the grounds:

Judgment was delivered on 23rd October 2008 and the court granted the plaintiff’s claim as prayed in the plaint.

Among the prayers granted was an order for inquiry as to damages or alternatively an account of profits and payment of al sums found due upon taking such inquiry.

The  parties  have since delivery of the judgment  been negotiating on  a without prejudice  basis  towards  reaching  an out of  court settlement  as to the damages  payable  to the plaintiff  but no settlement  has been reached.

In the circumstances, it is necessary and in the interest of justice that orders sought herein be granted.

The application is further supported by the affidavit of David Mutai Managing Director of the Plaintiff Company reiterating he grounds upon which the application is predicated and annextures.

The defendant opposed the application by filing a replying affidavit sworn on 15th June 2015 by Kuldip Sapra.

I have perused the application and the response thereto.  The nature of this application is one which can be heard and disposed of by the Deputy Registrar of the High court pursuant to the powers conferred by Order 49 Rule 7(1) (viii).

Accordingly, I direct that this matter be placed before the Deputy Registrar   for a rehearing.  Hearing on 19th November 2015 before the Deputy Registrar, High Court Civil division.

Orders accordingly.

R.E. ABURILI

JUDGE

23/10/2015

23/10/2015

Coram before R.E. Aburili J

C.A. Adline

Mr. Odongo holding brief for Opiny for respondent

Miss Kariuki holding brief for Murugara for plaintiff.

COURT- Ruling read and delivered in open court as scheduled.  The file to be placed before the Deputy Registrar on 19th November,2015 for hearing consideration of the application dated 17th February 2015.

R.E. ABURILI

JUDGE

23/10/2015