RULING
- This matter was listed for hearing.
- However, the court has perused the file and in consideration that there is a dispute on the proceeding undertaken by the previous Courts and the evidence produced and/or marked.
- It is important in the interest of justice to start this matter de novo to give integrity to the proceedings.
- Consequently, this court hereby makes the following orders; -
1.This matter shall start de novo.
2. That the Plaintiffs are granted leave of 21 days from today’s date to prepare, file and serve their Amended Plaint with the remaining 7 plaintiffs who are the 1st, 3rd ,4th ,5th ,9th ,11th and 12th Plaintiffs.
3. Leave is granted to Peter Ndungu as the administrator of the Estate of the 12th plaintiff to be substituted by being named as 12th Plaintiff with 21 days from today’s date.
4. The Amended Plaint must be accompanied with witness statements of all the 7 Plaintiffs together with the List of Documents to be relied upon at the hearing.
5. The Defendants will have leave of 21 days upon service of the Amended and the other documents to amend theirs Defences if need be and also file any further documents and statements in response if need be.
6. The matter will come up for pre-trial on 16.09.2025 in open court.
7. The matter is further fixed for hearing by consent on 24.11.2025, 25.11.2025, 26.11.2025 and 27. 11.2025 in open court.
8. If the Plaintiffs default in complying the timelines for filing of pleadings within 21 days from today’s date and/or fail to prosecute the case on the dates fixed for hearing, this matter will stand automatically dismissed with costs.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Boaz Okello Akamba( 1st plaintiff, Duke Nyabuti, Jairo Omwoyo, Stephen Ombati, Nicholas Limeru, Peter Ndungu
Defendant: Mr. Were for the 2nd Defendant
Mr. Wainaina holding brief Mr. Momanyi for the 1st Defendant.