REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL APPEAL NO.480 OF 2000
KIMBLE SECURICAL LIMITED
AND
JAMES KIMBO ………………………………………….. … APPELLAMTS
VERSUS
MARTIN OMONDI OPONDO ……………………………………. RESPONDENTS
AND
JAMES KIMBO ………………………………………….. … APPELLAMTS
VERSUS
MARTIN OMONDI OPONDO ……………………………………. RESPONDENTS
RULING
Having considered in the light of the submissions of the Learned Counsel
1. The application (notice of Motion|) dated 11/12/2000 filed on 14.12.2000 I find that the provision of O.III R.A was not complied with by the Appellants/Defendants Advocate. Consequently prayer sought in I is granted and 2 – costs.
2. It is ordered that the amount deposited in Court in pursuance of an ex-parte Order made on 7/12/2000 be released to the Plaintiff/Respondent.
Orders accordingly.
SHAIKH M. AMIN
............
JUDGE
23/10/2001