PARADISE MOMBASA LIMITED & PARADISE MOMBASA MARKETING LTD vs MOSHE BOINESS & TEXTONIC LIMITED [2001] KEHC 408 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CIVIL SUIT NO. 312 OF 1998

1. PARADISE MOMBASA LIMITED

2. PARADISE MOMBASA MARKETING LTD………PLAINTIFFS

= V E R S U S =

1. MOSHE BOINESS

2. TEXTONIC LIMITED……………………………...DEFENDANTS

R U L I N G

I think I will accept the difficulties expressed by counsel for the Plaintiff/Respondent in retrieving the file from the Plaintiff/Respondent erstwhile Advocates. It would appear however, that there has been a fairly long notice for this hearing and there ought to have been more concerted efforts to obtain the file and prepare for the hearing. For that reason while I adjourn the matter it will be for a limited time only. It will be re-listed for hearing on 11. 7.01. The Plaintiff/Respondent shall pay Court Adjournment Fees of Kshs.1,000/- and the 1st Defendant/Applicant’s Advocats costs assessed at Kshs.1,500/-. Both payments to be made before 11. 7.01.

Dated this 14th day of June, 2001.

P.N. WAKI J U D G E