Philips Phamaceutical Limited v DHL Global Forwarding (K) Limited [2021] KEHC 12958 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

COMMERCIAL AND TAX DIVISION

CIVIL CASE NO. 356 OF 2017

PHILIPS PHAMACEUTICAL LIMITED............................PLAINTIFF

VERSUS

DHL GLOBAL FORWARDING (K) LIMITED...............DEFENDANT

RULING

The Plaintiff’s Notice of Motion application dated 11th November, 2020 is by consent allowed on the following grounds.

1. The Plaintiff is granted leave to substitute the witness statement of John Wanyoike dated 29/8/2017 with that of Daniel Ngure dated 27/10/2020.

2. The Plaintiff is granted leave to file and serve a bundle of documents within 7 days.

3. The Defendant is granted corresponding leave to file Supplementary Witness Statement(s) and a Supplementary Bundle of Documents, if need be, within 21 days of service of the Plaintiff’s Supplementary Witness Statement and bundle of documents by the Plaintiff.

4. Parties will appear before the Hon.  Deputy Registrar to confirm compliance with Case Management Conference on 6/7/2021 and referral to court to take a hearing date.

5. No orders as to costs of the application.

DATED AND DELIVERED AT NAIROBI THIS 11TH MAY, 2021

G.W.NGENYE-MACHARIA

JUDGE

In the presence of:

1. Mr. Ogutu for the Plaintiff/Applicant

2. Mr. Mito h/b for Inamdar for the Defendant/Respondent