REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL AND TAX DIVISION
HCCOMM NO. E601 OF 2023
KALI ZHENG …..……………………….….. 1ST PLAINTIFF/APPLICANT
WEY YING …………...……………….…….. 2ND PLAINTIFF/APPLICANT
HAITIAN LI ………………………...……….. 3RD PLAINTIFF/APPLICANT
-VERSUS-
WILLBROAD GATEI GACHOKA ....…….1ST DEFENDANT/RESPONDENT
BEEMA CONSULTING LIMITED ….….. 2ND DEFENDANT/RESPONDENT
IVY MINYOW ONYANGO ..……………. 4TH DEFENDANT/RESPONDENT
REGISTRAR OF COMPANINES ….……..5TH DEFENDANT/RESPONDENT
AND
AGB LOTTERY & GAMING HOLDINGS GROUP
LIMITED ………….…………………………….……. INTERESTED PARTY
RULING
1. The time is now 11.06 a.m. I have given sufficient time to the law firm of CK Advocates to log in to my virtual Court but so far no Advocate has attended Court.
2. The application in issue is dated 30th May 2024. I certified the application as urgent on 6th June, 2024. I gave directions on 11th June 2024 as to the filing of a response by the plaintiffs and written submissions by the 1st, 2nd and 3rd defendants’ Advocates and the plaintiffs’ Advocates.
3. On 11/6/2024, Mr. Kiprono held brief for Mr. Cheboi for the 1st, 2nd and 3rd defendants. Directions were therefore given in the presence of the said Advocate. Apart from the filing of a replying affidavit by the plaintiffs, no compliance has been made by the 1st, 2nd and 3rd defendants.
4. Due to non-attendance of the 1st, 2nd and 3rd defendants or their Advocate in Court today to prosecute their application dated 30th May 2024, it is hereby dismissed for non-attendance, under the Provisions of Order 12 Rule 2 of the Civil Procedure Rules, 2010.
5. Costs of the application are awarded to the plaintiffs.
It is so ordered.
ATED, SIGNED and DELIVERED at NAIROBI on this 17th day of October, 2024. Ruling delivered through Microsoft Teams Online Platform.
NJOKI MWANGI
JUDGE
In the presence of:
Mr. Attaka for the plaintiff/respondent
No appearance for the 1st & 2nd defendants/applicants
Ms B. Wokabi – Court Assistant.
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL AND TAX DIVISION
HCCOMM NO. E601 OF 2023
KALI ZHENG …..……………………….….. 1ST PLAINTIFF/APPLICANT
WEY YING …………...……………….…….. 2ND PLAINTIFF/APPLICANT
HAITIAN LI ………………………...……….. 3RD PLAINTIFF/APPLICANT
-VERSUS-
WILLBROAD GATEI GACHOKA ....…….1ST DEFENDANT/RESPONDENT
BEEMA CONSULTING LIMITED ….….. 2ND DEFENDANT/RESPONDENT
IVY MINYOW ONYANGO ..……………. 4TH DEFENDANT/RESPONDENT
REGISTRAR OF COMPANINES ….……..5TH DEFENDANT/RESPONDENT
AND
AGB LOTTERY & GAMING HOLDINGS GROUP
LIMITED ………….…………………………….……. INTERESTED PARTY
RULING
1. The time is now 11.06 a.m. I have given sufficient time to the law firm of CK Advocates to log in to my virtual Court but so far no Advocate has attended Court.
2. The application in issue is dated 30th May 2024. I certified the application as urgent on 6th June, 2024. I gave directions on 11th June 2024 as to the filing of a response by the plaintiffs and written submissions by the 1st, 2nd and 3rd defendants’ Advocates and the plaintiffs’ Advocates.
3. On 11/6/2024, Mr. Kiprono held brief for Mr. Cheboi for the 1st, 2nd and 3rd defendants. Directions were therefore given in the presence of the said Advocate. Apart from the filing of a replying affidavit by the plaintiffs, no compliance has been made by the 1st, 2nd and 3rd defendants.
4. Due to non-attendance of the 1st, 2nd and 3rd defendants or their Advocate in Court today to prosecute their application dated 30th May 2024, it is hereby dismissed for non-attendance, under the Provisions of Order 12 Rule 2 of the Civil Procedure Rules, 2010.
5. Costs of the application are awarded to the plaintiffs.
It is so ordered.
ATED, SIGNED and DELIVERED at NAIROBI on this 17th day of October, 2024. Ruling delivered through Microsoft Teams Online Platform.
NJOKI MWANGI
JUDGE
In the presence of:
Mr. Attaka for the plaintiff/respondent
No appearance for the 1st & 2nd defendants/applicants
Ms B. Wokabi – Court Assistant.