West Coast Africa Ltd v Naim & Sons Logistics Limited, Addawe Ali Abdi ; Equity Bank Limited (Interested Party) [2019] KEHC 8639 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CIVIL SUIT NO. 16 OF 2019

WEST COAST AFRICA LTD......................................................................PLAINTIFF

VERSUS

1.  NAIM & SONS LOGISTICS LIMITED

2.  ADDAWE ALI ABDI..........................................................................DEFENDANTS

3.  EQUITY BANK LIMITED ..................................................INTERESTED PARTY

R U L I N G

1.  Having heard the parties, I do make the following orders:-

a) Leave is granted to the plaintiff to file and serve a supplementary affidavit as well as written submissions within 14 days from today.

b) Upon service the Respondents and IP shall equally file and serve submissions within 14 days thereafter.

c) Matter shall be heard on 4/7/2019 by way of highlighting.

d) In terms of Order 40 Rule 3 the intern orders did lapse when not all pleadings were secured by the 18/3/2019 and the same are not available for extension.

e) Costs in the cause.

2. Leave is granted to the plaintiff to appeal against these orders of today.  The plaintiff shall be availed copies of proceedings and order for appeal purposes.

3.  I have merely made a declaration that the law says the experte interim orders have lapsed and I do not consider that such an order is capable of being stayed unless I was to grant the injunction afresh.

Dated and delivered at Mombasa this 02nd day of April 2019.

P.J.O. OTIENO

JUDGE