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RULING
- In the interest of justice and to ensure a fair trial, the application dated 14.08.2025 is determined as follows;
- The matter known as ELDORET CM ELC NO.069 PF 2023 do start de novo.
- The Defendant is granted leave of 21 days from today’s date to prepare, file and serve their Defence, Witness Statements and List of Documents thereof.
- The matter known as ELDORET CM ELC No.069 OF 2023 will be heard on priority basis due to the time already spent.
- The Appellants are condemned to pay throw away costs Kshs.12,500 with the next 30 days for today’s date.
- If the Appellants fail to comply with Order No.b hereinabove, the Plaintiff in the lower Court will proceed with the hearing notwithstanding.
- There will be no orders on costs for this application.
- The file is closed.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Ms. Kibet holding brief Mr. Kibii for Appellant/Applicant
Defendant: Mr. Yusuf for the Respondent
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