MARY WAITHIRA KANYARI v KANTAFU COMPANY LIMITED & KENYA POWER & LIGHTING COMPANY LIMITED [2006] KEHC 1474 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS

Civil Case 44 of 2003

MARY WAITHIRA KANYARI .........................................................................................................PLAINTIFF

VERSUS

KANTAFU COMPANY LIMITED

KENYA POWER & LIGHTING COMPANY LIMITED........................................................DEFENDANTS

R U L I N G

After hearing submissions into the Notice of Motion dated 19th June 2005 by the applicant/2nd defendant, I have since noted that the plaintiff/Respondent herself, who stands to be affected by the orders sought in this application, was not served in person.  The affidavit of service was handed over to the court at the time the application was heard.  This affidavit shows that the persons served were plaintiffs/Respondent’s advocates.  It would be unfair to make any ruling in the matter without the Respondents prior knowledge of this application even if the service to her may or may not affect the ruling.

Consequently, I set aside the proceedings of this court on 11th May, 2006.

Further I order that the plaintiff/Respondent be served in person together with the firm of advocates representing her for inter partes hearing on a date to be set in court.

Dated 17th May, 2006, at Machakos.

J. LESIIT

JUDGE