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Timothy Morris Alala & Eldobliz Company Limited v. African Touch Safaris Ltd & Rosemary Kaitany

(2019) JELR 94935 (CA)

Court of Appeal  •  Civil Case 33 of 2011  •  5 Apr 2019  •  Kenya

Coram
Stephen Murugu Githinji

Judgement

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT ELDORET

CIVIL CASE NO. 33 OF 2011

TIMOTHY MORRIS ALALA.......................... 1ST PLAINTIFF/RESPONDENT

ELDOBLIZ COMPANY LIMITED................ 2ND PLAINTIFF/RESPONDENT

VERSUS

AFRICAN TOUCH SAFARIS LTD.................1ST DEFENDANT/APPLICANT

MRS. ROSEMARY KAITANY........................2ND DEFENDANT/APPLICANT

RULING

The 1st Respondent/applicant herein filed an application dated 12th January 2018 and filed in court on the same day seeking for the following orders:

(a) That leave be granted to the applicant/1st defendant to amend the 1st defendant’s defence as per the draft amended defence.

(b) That leave be granted to the applicant/1st defendant to lodge a counterclaim against the 1st plaintiff/respondent.

(c) That the proposed amended defence and counter-claim be deemed to have been dully filed and served subject to payment of full filing fees.

(d) That the court do issue any other or further directions, and or orders it may deem fair and just in …

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