1. The application dated 19th September, 2024 filed by the plaintiff seeks an order for this Court to arrest its judgment slated for 27th September, 2024 with respect to the plaintiff’s Originating Summons dated 17th July, 2019 pending the hearing and determination of the instant application. The plaintiff also seeks an order for the file to be transferred to the PJ to be re-allocated to Sifuna (sic) to assist the Court determine the consolidation application. This Court requested the Counsel to submit orally.
2. I have heard and considered the brief representations made by Counsel for the parties. Having done so, I note that the case before me was filed in the year 2022. The case before Judge Prof. Sifuna being HCCOMM No. 407 of 2008 - Elecon Developers Ltd v KCB was filed in the year 2008.
3. All along the plaintiff has been aware of the existence of the two suits. As late as 19th September, 2024, that is when the plaintiff filed an application to arrest judgment in this suit so as to pursue an application for consolidation of the suit herein with HCCOMM No. 407 of 2008. I decline to arrest the judgment that I have spent many man hours writing, and for which the plaintiff herein has belatedly applied to arrest.
4. Although the judgment is scheduled for delivery tomorrow 27th September, 2024, I will not be sitting due to other official duties. I will deliver the judgment on 4th October, 2024 at 9.30 a.m.
5. The result is that the application dated 19th September, 2024 is dismissed with costs to the defendant.
It is so ordered.
DATED, SIGNED and DELIVERED at NAIROBI on this 26th day of September, 2024. Ruling delivered through Microsoft Teams Online
Platform.
NJOKI MWANGI
JUDGE
In the presence of:
Ms Maina for the defendant/applicant
Mr. Gitau for the plaintiff/respondent
Ms B. Wokabi - Court Assistant.
2. I have heard and considered the brief representations made by Counsel for the parties. Having done so, I note that the case before me was filed in the year 2022. The case before Judge Prof. Sifuna being HCCOMM No. 407 of 2008 - Elecon Developers Ltd v KCB was filed in the year 2008.
3. All along the plaintiff has been aware of the existence of the two suits. As late as 19th September, 2024, that is when the plaintiff filed an application to arrest judgment in this suit so as to pursue an application for consolidation of the suit herein with HCCOMM No. 407 of 2008. I decline to arrest the judgment that I have spent many man hours writing, and for which the plaintiff herein has belatedly applied to arrest.
4. Although the judgment is scheduled for delivery tomorrow 27th September, 2024, I will not be sitting due to other official duties. I will deliver the judgment on 4th October, 2024 at 9.30 a.m.
5. The result is that the application dated 19th September, 2024 is dismissed with costs to the defendant.
It is so ordered.
DATED, SIGNED and DELIVERED at NAIROBI on this 26th day of September, 2024. Ruling delivered through Microsoft Teams Online
Platform.
NJOKI MWANGI
JUDGE
In the presence of:
Ms Maina for the defendant/applicant
Mr. Gitau for the plaintiff/respondent
Ms B. Wokabi - Court Assistant.