- This matter has been coming up repeatedly since October 2024 and there has been no response by the Respondents with respect to the Petitioner's Application dated 11/10/2024. The first service of the Application and the Petition was confirmed vide an Affidavit of Service dated 17/10/2024 deponed by Victor Odhiambo.
- I am satisfied with that Affidavit of Service, and I note that the subject motor vehicle allegedly held at Lunga Lunga may be wasting away in the interval October 2025 to date. I also note the numerous opportunities granted to the Respondents to respond to the Application, which they have not done so. The Application dated 11/10/2024 remains undefended.
- Consequently, I find that it is in the interst of justice and the efficient utilization of both the Court's time as well as the resources of the Parties for the Application to be allowed in terms of Orders 2, 3, & 4 of the Application dated 11/10/2024; with costs in the cause.
Dated Signed and Delivered Virtually on 19/05/2025 in the presence of:
Ms. Ang'iela h/b Mr. Okatch - For the Petitioner
Ms. Were h/b Ms. Opiyo - For the Respondents
Ms. Neema - Court Assistant
DIRECTIONS ON HEARING AND DETERMINATION OF THE MAIN PETITION
- -Responses to the Petition shall be filed and served by close of business 06/06/2025.
- Rejoinder and written submissions to be filed and served by close of business 13/06/2025.
- Written submissions in reply to be filed and served by close of business 20/06/2025.
- Highlighting of written submissions on the Petition shall be on 26/06/2025 at 11:30AM virtually.
- At the conclusion of highlighting or if the parties elect not to highlight, the matter shall be reserved for judgment and a judgment date shall be issued on that date.
Issued on 19/05/2025 in the presence of:
Ms. Ang'iela h/b Mr. Okatch - For the Petitioner
Ms. Were h/b Ms. Opiyo - For the Respondents
Ms. Neema - Court Assistant