THE REGISTERED TRUSTEES OF MICRO ENTERPRISES SUPPORT (MESPT)v BUNGOMA FAMILY DEVELOPMENT PROGRAMME,SIMON N. MABONGA,JOB MUKULE,JASON WEKESA,J.S. KHAKULA,MIRIAM KULOBA,ALFRED MOJO,JOASH ODUOR & GOERGE WEBALA [2011] KEHC 3522 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

THE COMMERCIAL AND TAX DIVISION OF THE HIGH COURT

CIVIL SUIT NO. 241 OF 2009

THE REGISTERED TRUSTEES OF MICRO

ENTERPRISES SUPPORT (MESPT)................................................PLAINTIFF/APPLICANT

VERSUS

BUNGOMA FAMILY DEVELOPMENT

PROGRAMME .......................................................................1ST DEFENDANT/RESPONDENT

SIMON N. MABONGA............................................................2ND DEFENDANT/RESPONDENT

JOB MUKULE..........................................................................3RD DEFENDANT/RESPONDENT

JASON WEKESA.....................................................................4TH DEFENDANT/RESPONDENT

J.S. KHAKULA..........................................................................5TH DEFENDANT/RESPONDENT

MIRIAM KULOBA.....................................................................6TH DEFENDANT/RESPONDENT

ALFRED MOJO.........................................................................7TH DEFENDANT/RESPONDENT

JOASH ODUOR.........................................................................8TH DEFENDANT/RESPONDENT

DR. GOERGE WEBALA............................................................9TH DEFENDANT/RESPONDENT

DIRECTIONS

In the course of preparing the Ruling in the Notice of Motion date 30th March, 2010 it became apparent, after perusing the file, that no papers appear to have been filed in Reply to the same by the 1st, 2nd and 3rd Respondents, the only Replying Affidavit being the one sworn by the 5th, 6th, 7th, 8th and 9th Respondents on 19th June 2010, and filed on 23rd June 2010.

Mr.Kakula who appeared for the 1st Defendant and held brief for Mr. Kraido at the hearing of the application, did not specify on what basis his submissions in opposing the application were made save for his reference to the pleadings.

It being evident that the file herein has been submitted to the recently conducted scanning process under reference No. 000170, I have found it prudent to have the parties confirm the status before the Ruling is delivered as appropriate. For these reasons the Ruling earlier reserved is hereby deferred to a later date to be taken once the parties have appraised the court as regards all the documentation filed if any, in reply to the Notice of Motion dated 30th March, 2010.

DATED, SIGNED and READ in open Court on 11THday of MARCH, 2011

M. G. MUGO

JUDGE

In the presence of:

Miss Kahoro holding brief for Mr. KimondoFor the Plaintiff

Ms. Ogula holding brief for Mr. MakhohaFor the Defendants

No appearance for 1st defendant