I have considered the application dated 22.07.2022 seeking an order directing the parties to mediation. I have considered the depositions and I do not see any basis for mediation in view of the nature of the dispute concerning the interpretation of constitutive documents. Further, the suit is ripe for hearing and must be heard to avoid the parties being in limbo since the Plaintiff is the subject of winding up. Costs in the cause.
Mention on 21.03.2023 before the PJ for re-allocation.
DATED and DELIVERED at NAIROBI this 15th day of MARCH 2023
D. S. MAJANJA
JUDGE