B5 PLUS LIMITED V. ERICALEM ENTERPRISE & ERIC KURUG

RULING

COUNSEL FOR PLAINTIFF/APPLICANT: My Lady before you is an Application for Final Judgment in respect of Reliefs(a), (b) and (d), and Interlocutory Judgment in respect of Relief (c) as per the endorsement on the Writ of Summons. We move in terms of the Motion Paper and the Supporting Affidavit together with the attached Exhibits. We rely on all depositions contained in the affidavit in support and state that the application has been brought under Order 13 Rule 1 and 2 of C.I.47 which permits the present application upon failure of Defendants to file their Statement of Defence.

We have attached as Exhibit ‘A’ a Search result indicating that in spite of Defendants entering appearance they have since failed to file their Statement of Defence within the stipulated time. We have not been served with any Affidavit in Opposition to our application. In the circumstances, we pray that this Court grants by way of Final Judgment Applicant’s reliefs (a), (b) and (d) and further by way of Inter…