Judgment in this matter was delivered by Tuiyott J., on 5th October 2020 in favour of the Plaintiff for KES. 100,342,693.00, interest and costs. Thereafter the Defendant filed an application for review of the judgment dated 17th March 2021.
In the meantime, the Defendant approached the court by an application dated 3rd September 2021 for an order extending time for compliance with the orders of stay that the court had had issued. I did grant orders of stay on 6th September 2021. Those orders precipitated an application by the Plaintiff dated 13th September 2021 seeking to discharge the orders on the ground of material non-disclosure and that the firm on record was not properly on record.
Both parties have argued their positions which I have considered. I think it is fair and just to hear the parties on the application for review which is the substantive application pending. In order to balance the interests of both sides and to preserve the status quo, I orders as follows:
1. The firm of Prof. Tom Ojienda and Associates Advocates shall regularize their position on record within 3 days from the date hereof.
2. I decline to discharge the stay orders in force on condition that the Defendant shall pay the Plaintiff the costs taxed and certified in its favour by the close of business on 21st September 2021 in default of which the stay orders shall stand vacated and or discharged.
3. The pending application for review dated 17th March 2021 shall be heard on 23rd September 2021.
4. Parties are directed to file written submissions not exceeding 4 pages.
DATED and DELIVERED at NAIROBI this 17th day of SEPTEMBER 2021
D. S. MAJANJA
JUDGE