[2023] KEHC 2892 (KLR)
The court found that the applications for recusal and adjournment were not merited. However, in the interest of justice and to avoid shutting out the plaintiffs, the court exercised its discretion to vacate the hearing date and grant a final opportunity for compliance and amendment of pleadings. The court imposed...
Source-derived case information.
- Citation
- [2023] KEHC 2892 (KLR)
- Parties
- Plaintiff: Juja Coffee Exporters Limited; Plaintiff: TSS Transporters Limited; Plaintiff: TSS Investment Limited; Plaintiff: Tahir Sheikh Said Ahmed; Defendant: Bank of Africa Limited; Defendant: Kaab Investment Limited; Interested Party: Abdulmajid Mohamed Haji Adam; Interested Party: Shami Motors Limited; Interested Party: I.F.I Paradise Properties Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Commercial Civil Suit 57 of 2016
- Procedural Posture
- Commercial Civil Suit / Ruling on Adjournment, Recusal, and Case Management Applications
- Outcome
- Hearing date vacated; strict compliance timelines set; costs awarded to defendants; suit to be dismissed if plaintiffs not ready on next hearing date.
- Judges
- DKN Magare
- Legal Topics
- Adjournment of Hearing, Case Management Orders, Amendment of Pleadings, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juja Coffee Exporters Limited
Plaintiff
TSS Transporters Limited
Plaintiff
TSS Investment Limited
Plaintiff
Tahir Sheikh Said Ahmed
Plaintiff
Bank of Africa Limited
Defendant
Kaab Investment Limited
Defendant
Abdulmajid Mohamed Haji Adam
Interested Party
Shami Motors Limited
Interested Party
I.F.I Paradise Properties Limited
Interested Party
Procedural Posture
Commercial Civil Suit / Ruling on Adjournment, Recusal, and Case Management Applications
Legal Issues
- 1 Whether the plaintiffs are entitled to an adjournment of the hearing date to allow for compliance and amendment of pleadings.
- 2 Whether the applications for recusal and adjournment are merited.
- 3 Whether the defendants are entitled to costs for the adjournment and previous applications.
Ratio Decidendi
The court found that the applications for recusal and adjournment were not merited. However, in the interest of justice and to avoid shutting out the plaintiffs, the court exercised its discretion to vacate the hearing date and grant a final opportunity for compliance and amendment of pleadings. The court imposed strict timelines for filing applications, witness statements, and documents, and ordered that failure by the plaintiffs to be ready on the next hearing date would result in dismissal of the suit with costs. The court further awarded the defendants Kshs. 75,000 as costs for the adjournment, including travel, accommodation, and advocates' attendance fees, to be paid before a...
Court Disposition
Hearing date vacated; strict compliance timelines set; costs awarded to defendants; suit to be dismissed if plaintiffs not ready on next hearing date.
Orders
- Today's hearing date is vacated and a new date to be fixed within 90 days from the ruling date.
- If the plaintiff is not ready on the next hearing date, the suit shall stand dismissed with costs to the defendants.
Full Case Text
Judgment text and source record
32 paragraphs
Juja Coffee Exporters Limited & 3 others v Bank of Africa Limited & another; Adam & 2 others (Interested Parties) (Commercial Civil Suit 57 of 2016) [2023] KEHC 2892 (KLR) (16 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2892 (KLR)
Republic of Kenya
In the High Court at Mombasa
Commercial Civil Suit 57 of 2016
DKN Magare, J
March 16, 2023
Between
Juja Coffee Exporters Limited
1st Plaintiff
TSS Transporters Limited
2nd Plaintiff
TSS Investment Limited
3rd Plaintiff
Tahir Sheikh Said Ahmed
4th Plaintiff
and
Bank of Africa Limited
1st Defendant
Kaab Investment Limited
2nd Defendant
and
Abdulmajid Mohamed Haji Adam
Interested Party
Shami Motors Limited
Interested Party
I.F.I Paradise Properties Limited
Interested Party
Ruling
1. This morning this matter was slated for hearing. This date had been fixed by the Court on 15/2/2023. by consent of parties. The parties were to file an application for amendment. Instead they filed an application for recusal. I dismissed the same. They then made another application on 15/3/2023. I dismissed the same today morning. They now seek time to put in compliance documents, amend their plaint and to be ready. They are also saying that one witness has refused to come to court and they need to bring in a witness. They also pray for pre trials conference to be held first.
2. I note that both applications are not merited. However, to avoid driving from a sit of justice, a party and in order to finalize this matter in the best way possible, I make the following orders;a.Today’s hearing date is vacated and a date be fixed not later than 90 (ninety) days to from today.b.The date fixed for hearing, if the plaintiff is not ready, the suit shall stand dismissed with costs to the Defendants.c.The Defendants will have costs of Kshs. 75,000/= payable before 1/5/2023 being todays costs and traveling and accommodation including Advocates attendance fees, for the Defendants.d.The Plaintiff to file an application for Amendment by 14/4/20223 to be heard on 18/4/2023. e.The Respondent to reply to the same within 7 days of service.f.The Plaintiff to file all referenced statements, paginated list of witnesses and list of documents before 16/4/2023. g.The Defendant to file a list of witnesses and referenced witness statements by 30/4/2023. h.The Plaintiff to pay todays court adjournment fees.i.The suit be heard on 8/6/2023.
DELIVERED, DATED AND SIGNED AT MOMBASA ON THIS 16TH DAY OF MARCH, 2023. EXTEMPORE, IN OPEN COURT.HON. MR. JUSTICE DENNIS KIZITO MAGAREJUDGE OF THE HIGH COURT, MOMBASAIn the presence of:Billy Kongere and Mr. Gikandi for the plaintiffMr. Prestone Wawire for the 1st DefendantNo appearance for the 2nd DefendantCourt Assistant – Firdaus Ndalu