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JudgmentATHI RIVER SHALOM COMMUNITY HOSPITAL VS EDNA KEMUNTO MACHUKI AND JAMES MACHUKI1 min read

ATHI RIVER SHALOM COMMUNITY HOSPITAL VS EDNA KEMUNTO MACHUKI AND JAMES MACHUKI

High Court at Machakos High Court · · E.N. Maina

I have seen the Respondent’s application dated 6th February, 2025 which is brought under Certificate of Urgency of even date.  In the grounds for the Application learned Counsel for the Respondent intimates that on 4th February, 2025 he misrepresented to this court that he had filed his submissions on the appeal and all that remained was for him to serve learned Counsel for the Appellant.  He now seeks to set the record straight and to be granted time to file and serve his submissions.

This court had given a date for judgment in this matter and consequently, and in the circumstances of the case I see no need to go back on that.  That date shall stand.  However, in the interest of justice and quick disposal of this Appeal, I shall straight away exercise my inherent discretion under Section 3A of Civil Procedure Act in favour of the Respondent and grant his Advocate fourteen (14) days to file and serve his submissions whereupon learned Counsel for the Appellant shall have seven (7) days to file Reply if need be and as earlier granted.  This Ruling shall dispose of the Application dated 6th February, 2025.

There shall be no order as to costs.   

Orders accordingly.