JUDGEMENT
1. By consent, the Appeal herein is compromised in the following manner;
a) The Order of Stay of the proceedings known as Eldoret Chief Magistrates Court ELC Case No.E068 of 2021 issued on the 22.01.2026 be and is hereby vacated henceforth.
b) The Defendant in the proceeding known as Eldoret Chief Magistrates Court ELC Case No.E068 of 2024 is granted leave of 21 days from today’s date to Amend its Defence and include a Counter-Claim therein
c) The Plaintiff in the proceeding known as Eldoret Chief Magistrates Court ELC Case No.E068 of 2024 is granted leave of 21 days upon service of the Amended Defence and Counter-claim to file a Reply to Defence and a Defence to the Counter Claim.
d) The Defendant in the proceeding known as Eldoret Chief Magistrates Court ELC Case No. E068 of 2024 will have leave of seven (7) days upon service of the Defence to the Counter-Claim to file a Reply to Defence on the Counter-Claim.
e) Each party will bear its own costs of this Appeal.
f) The file is hereby closed.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Ms. Ngala for the Appellant
Defendant: Mr. Warigi for the Respondent
| ELC.LA E048 of 2025 RULING1 |