Karihe t/a Thuita Merchants v Hasbah Kenya Limited & another (Civil Case E137 of 2023) [2025] KEHC 4652 (KLR) (Commercial and Tax) (3 April 2025) (Ruling)

Kenya Law

Automated Summary

Key Facts

The Plaintiff, James Thuita Karihe trading as Thuita Merchants, applied to reopen Civil Case E137 of 2023 under a Certificate of Urgency. The court adjourned the hearing at the Plaintiff's instance, requiring written submissions from both parties within 14 days each. A mention hearing is scheduled for 9th June 2025 to confirm compliance.

Tax Type

Tax-related civil case

Issues

  • The court addressed the procedural requirement of adjourning the hearing at the Plaintiff's instance, mandating payment of adjournment fees before the next date.
  • The court considered whether to grant the Plaintiff's application to reopen the case under a Certificate of Urgency, despite the matter being listed for a defense hearing on the same day.
  • The court directed the procedural handling of the Notice of Motion dated 1st April 2025, requiring written submissions from both parties within 14 days each and setting a mention date for compliance confirmation.

Judge Name

Benjamin K. Njoroge

Passage Text

  • 5. The Defendants to file their response within 14 days. The Plaintiff to file a Further Affidavit and submissions within 14 days and serve. The Defendants to file their submissions and serve within 14 days.
  • 3. In the circumstances, the hearing is adjourned at the instance of the Plaintiff who is to pay Court adjournment fees before the next date.
  • 1. The Plaintiff has filed an application dated 1st April, 2025 under a Certificate of Urgency. It seeks to reopen the case, though the matter is listed for a defence hearing today.