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STEPHEN MAINA GITHIGA & 5 OTHERS
V.
KIRU TEA FACTORY COMPANY LTD

(2019) JELR 93533 (SC)

Supreme Court 29 Nov 2019 Kenya
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Case Details

Suit Number:Petition (Application) 13 of 2019
Judges:David Kenani Maraga, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Smokin C Wanjala, Susanna Njoki Ndungu
Other Citations:Stephen Maina Githiga & 5 others v. Kiru Tea Factory Company Ltd [2019] eKLR

RULING OF THE COURT

[1] Coming up before this Court are two Notice of Motion applications filed by the firm of Kithinji Marete and Company advocates, dated 3 May 2019 and filed on 6 May 2019. The first application is seeking the following Orders:

(i) that the notice of appointment of Advocates dated 4 April 2019, and filed on even date by M/s. Ochieng, Onyango, Kibet and Ohaga Advocates [M/s. Triple OK Law] be struck out with costs;

(ii) that the notice of change of Advocates dated 15 April 2019, and filed on 17 April 2019 by M/s. Ochieng, Onyango, Kibet&Ohaga Advocates, be struck out with costs;

(iii) that all pleadings filed by M/s. Ochieng, Onyango, Kibet and Ohaga Advocates, on behalf of Kiru Tea Factory Company Limited in relation to this matter, be struck out with costs;

(iv) that the costs of, and incidental to this application be provided for.

[2] In the second application, the respondent is praying for the following orders:

(i) that the notice of appeal dated 29 March 2019, and file…

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