Case ID:173253

Jayesh Autospares Ltd v Kapterit Rapid Co. Ltd & 2 others [2021] eKLR

Case Metadata

Case Number:

Miscellaneous Application 1 of 2021

Parties:

Jayesh Autospares Ltd v Kapterit Rapid Co. Ltd, John Wepukhuku Waliaula & Attorney General

Date Delivered:

31 Mar 2021

Case Class:

Civil

Court:

Environment and Land Court at Kitale

Case Action:

Ruling

Judge(s):

Francis Mwangi Njoroge

Citation:

Jayesh Autospares Ltd v Kapterit Rapid Co. Ltd & 2 others [2021] eKLR

Court Division:

Civil

County:

Trans Nzoia

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT KITALE

MISC APPLICATION NO. 1 OF 2021

JAYESH AUTOSPARES LTD...........................................APPLICANT

VERSUS

KAPTERIT RAPID CO. LTD................................1

ST

RESPONDENT

JOHN WEPUKHUKU WALIAULA....................2

ND

RESPONDENT

THE ATTORNEY GENERAL..............................3

RD

RESPONDENT

RULING

1. The applicant filed an application dated

13/1/2021

seeking orders that there be a stay of execution of

2

bills of costs in the matter pending the hearing of this application and the reference in

Kitale ELC No 73 of 2013

and that this court do entertain the reference and make a determination on certain items therein. Costs were also prayed for. Prayers

nos 2

and

3

of the application which were interlocutory in nature were granted on

15/1/2021

.

2. The application herein could have been struck out for want of evidence of service alone. However, I have perused the application and the supporting affidavit. I find that this is a stand-alone miscellaneous application that has been lodged outside the file for the main cause and which has not had the copies of bills of costs annexed to it. Neither is the impugned decision of the Deputy Registrar attached. I find that this court is not in a position to hear and determine it and I hereby strike it out. I will make no orders as to costs since there is no evidence that the same was served and in any event there is no response by the respondent. For the avoidance of doubt all the interim orders issued on

15/1/2021

are hereby vacated.

It is so ordered.

DATED, SIGNED AND DELIVERED AT NAIROBI VIA ELECTRONIC MAIL ON THIS 31ST DAY OF MARCH, 2021.

MWANGI NJOROGE

JUDGE, ELC, KITALE.