'1. The parties hereto agreed to dispose of the Originating Summons herein by way of written submissions. Both complied, by filing their respective written submissions.
2. As I settled to write the judgement, it occurred to me that the issues arising in this cause are not of the kind to be resolved through written submissions. A viva voce hearing has to be conducted.
3. Consequently, I do hereby direct that the Originating Summons herein shall be disposed of by way of viva voce evidence, based on the material that the parties have filed.
4. The oral hearing shall happen on 26th November 2025.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 31ST DAY OF OCTOBER 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Mr. Kivuva, instructed by KAM Advocates, Advocates for the plaintiff.
Mr. Okutta, instructed by Ouma-Okutta & Associates, Advocates for the defendant.
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2. As I settled to write the judgement, it occurred to me that the issues arising in this cause are not of the kind to be resolved through written submissions. A viva voce hearing has to be conducted.
3. Consequently, I do hereby direct that the Originating Summons herein shall be disposed of by way of viva voce evidence, based on the material that the parties have filed.
4. The oral hearing shall happen on 26th November 2025.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 31ST DAY OF OCTOBER 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Mr. Kivuva, instructed by KAM Advocates, Advocates for the plaintiff.
Mr. Okutta, instructed by Ouma-Okutta & Associates, Advocates for the defendant.
'