Olweny v Kenya Medical Practitioners Regulated WDT Board Sacco Ltd & another [2025] KEHC 10696 (KLR)

Olweny v Kenya Medical Practitioners Regulated WDT Board Sacco Ltd & another (Commercial Case E007 of 2023) [2025] KEHC 10696 (KLR) (16 July 2025) (Ruling)

Neutral citation: [2025] KEHC 10696 (KLR)

Republic of Kenya

In the High Court at Nakuru

Commercial Case E007 of 2023

JM Nang'ea, J

July 16, 2025

Between

Dr Timothy Ochieng Olweny

Plaintiff

and

Kenya Medical Practitioners Regulated WDT Board Sacco Ltd

1st Defendant

Baseline Auctioneers Limited

2nd Defendant

Ruling

1. The 1st Defendant brought a Notice of Motion Application dated 13th June 2025 praying that this suit be struck out with costs for duplicity on account of a similar pending suit.

2. Despite evidence of service of the application, the Plaintiff has not filed a reply. His Advocate (Mr. Geke) only remarked on 25th June 2025 that he thought notice of withdrawal of the suit had been filed.

3. In the circumstances, the application is deemed as unopposed and is granted. Consequently, this suit is struck out with costs to the 1st Defendant.

RULING DELIVERED THIS 16TH DAY OF JULY, 2025 IN THE PRESENCE OF:J. M. NANG’EA, JUDGE.Plaintiff’s Advocate, Absent1st Defendant’s Advocate, Mr. Ngugi2nd Defendant, AbsentC/A (Jeniffer)