RULING
1. This matter has been in Court for the last six years.
2. All parties have done their case save for the 3rd Respondent whose witness was stood down and became unwell and therefore has not closed their case.
3. Unfortunately, the 1st Respondent has been very reluctant to proceed with its case.
4. Consequently, the Court hereby stands down DW2.
5. The 1st Respondent is requested to seek instruction on whether they are interested to proceed with the hearing or close the case.
6. The matter will be mentioned on 14.05.2026 to express their decision to proceed for hearing or not.
7. In the event the 1st Respondent will proceed for hearing, the matter will be on 8.06.2026
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Mr. Nyamweya and Mr. Mukhabane for the Petitioner
Defendant: Ms. Obino for the 1st Respondent
Ms. Nyonje for the 3rd Respondent
Ms. Odeyo for the 2nd and 4th Respondent
| ELC.PET 7 of 2020 RULING1 |