KIBWARI PLC AND TOIYOI INVESTMENTS LIMITED VS DAVID BETT AND RISPER BETT

RULING

1.   The Application dated 20.04.2026 is determined as follows;

a)   The Counter-Claimer in the Counter-Claim did not seek for a refund of any amount in Court.

b)   In view of the fact that parties are bound by the pleadings, the Court did not make any determination on the issue of any refund.

c)   Any party who feels is entitled to a refund is at liberty to file a fresh suit for the same.

d)   There will be no costs awarded to this Application.

 

 

IN THE PRESENCE OF;

Court Assistant:         Brian

Plaintiff:         Ms. Tallam for the Plaintiff/Applicant

Defendant:         Mr. Rotich for the Defendant/\Respondent

 

 

ELC.LC E011 OF 2024                                              RULING1