The Plaintiff’s Application dated 13.02.2023 seeks to dismiss the 2nd Defendant’s Amended Defence on the ground that it was served late. I am not inclined to allow the application as I have just ruled in favour of the 1st Defendant allowing it to file its defence. Further and in view of the issues raised in the matter, it is in the interest of justice that all parties be heard on merit. The 1st Defendant shall however bear the costs of inconvenience to the Plaintiff.
The application dated 13.02.2023 is dismissed. The 1st Defendant shall pay the Plaintiff's costs of Kshs. 5,000.00. The 2nd Defendant shall serve the Amended Defence on the parties by the close of business today, 10.11.2023.
DATED and DELIVERED at NAIROBI this 10th day of NOVEMBER 2023
D. S. MAJANJA
JUDGE