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JudgmentFortis Ltd VS Martin Muindi Muthama AND YAN FU1 min read

Fortis Ltd VS Martin Muindi Muthama AND YAN FU

High Court at Milimani High Court · · M.S.Shariff

RULING
1. The Appellant has approached this court vide a Chamber Summons dated 5.8.2026, supported by an affidavit sworn on even date by Geoffrey Waweru, wherein he craves that his Notice of Motion of even date be admitted for hearing during the High Court Vacation.
2. I have considered the application herein, the supporting affidavit and the certificate of urgency and the issue that arises for determination is whether this court ought to be brought back from vacation for purposes of entertaining the appellant's substantive motion.
3. The Geoffrey Waweru has deposed that the appeal herein was determined in the Applicant's favour yet the 1st respondent has instigated the attachment of it's chattels, hence the filing of this application. I am persuaded by that reason that urgency has been demonstrated, and I thus admit the appellant’s Notice of Motion dated 5.8.2026 for hearing during the High Court vacation.
Delivered, Signed and Dated at Milimani this 7th day of August 2026.
M.S. Shariff
Judge
    Fortis Ltd VS Martin Muindi Muthama AND YAN FU Fortis Ltd VS Martin Muindi Muthama AND YAN FU