REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL APPEAL CASE NO. 3 OF 2020
THREE STAR CONTRACTORS………….…………………APPELLANT
VERSUS
DHARMESH PRAJAPATI
T/A JAY VANDANA ENTERPRISES……………………RESPONDENT
RULING
1. I have considered the Notice of Motion dated 5/8/2025 filed by the respondent craving for admission of its other motion of even date for hearing during this court’s vacation. I have also considered the affidavit in support thereof sworn by Faustine Juma Waswa on even date and the annexture attached thereto and I do find that the respondent clearly deposes through his advocate Mr. Faustine Juma Waswa that it was aggrieved by the ruling of this court delivered on 4th August, 2025. This court cannot sit on its own appeal and is functus officio as regards the respondent’s Notice of Motion dated 1.8.2025 that lacked a supporting affidavit.
2. In any event the negligence of a party’s advocates can never be a ground depicting urgency.
3. In light of the observations made hereinabove, I hereby decline to admit the respondent’s Notice of Motion dated 4/8/2025 for hearing during High Court vacation.
4. Directions shall be given on 24/11/2025 as earlier on stated in the ruling delivered herein on 4/8/2025.
Delivered, signed and dated at Bungoma this 7th day of August, 2025.
MWANAISHA S. SHARIFF
JUDGE
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL APPEAL CASE NO. 3 OF 2020
THREE STAR CONTRACTORS………….…………………APPELLANT
VERSUS
DHARMESH PRAJAPATI
T/A JAY VANDANA ENTERPRISES……………………RESPONDENT
RULING
1. I have considered the Notice of Motion dated 5/8/2025 filed by the respondent craving for admission of its other motion of even date for hearing during this court’s vacation. I have also considered the affidavit in support thereof sworn by Faustine Juma Waswa on even date and the annexture attached thereto and I do find that the respondent clearly deposes through his advocate Mr. Faustine Juma Waswa that it was aggrieved by the ruling of this court delivered on 4th August, 2025. This court cannot sit on its own appeal and is functus officio as regards the respondent’s Notice of Motion dated 1.8.2025 that lacked a supporting affidavit.
2. In any event the negligence of a party’s advocates can never be a ground depicting urgency.
3. In light of the observations made hereinabove, I hereby decline to admit the respondent’s Notice of Motion dated 4/8/2025 for hearing during High Court vacation.
4. Directions shall be given on 24/11/2025 as earlier on stated in the ruling delivered herein on 4/8/2025.
Delivered, signed and dated at Bungoma this 7th day of August, 2025.
MWANAISHA S. SHARIFF
JUDGE