IN THE HIGH COURT OF KENYA AT BUSIA

MISC.APPLICATION OF 2023
BONFACE ONYANGO SITAWA……………………………..PLAINTIFF/APPLICANT
VERSUS
AL HUSNAIN MOTORS LIMITED…………………………DEFFENDANT/RESPONDENT
NOTICE OF MOTION
(Under Article 159 Constitution of Kenya 2010 & Sections 1A, 2A, &3A Civil Procedure Act CAP 210
TAKE NOTICE that this honorable court shall be moved at 9o’clock or in the forenoon thereafter in open
court on the...…………….day of………………………….2023 for the hearing and determination of this
application by the defendant/applicant for orders that;
1. THAT this honorable court be pleased to order the reconstruction of the court file in BUSIA CIVIL
SUIT NO.55 OF 2018.-BONFACE ONYANGO SITAWA VS AL HUSNAIN MOTORS LTD.
2. THAT upon reconstruction of the court file, the same be kept in the court registry’s strong room.
3. THAT the cost of this application be provided for.

WHICH APPLICATION is supported by the annexed affidavit of GEOFFREY O. YOGO based on the
following grounds:
1. The court file pertaining to this matter has been missing since 28th February 2019 hence making it
impossible for the Defendant /Applicant to continue litigate this matter.
2. That justice delayed is justice denied and the loss of this file is denying the defendant /Applicant
its quest for justice.
3. The Defendant/Applicant has on several occasions reminded the court registry to look for the court
file but the same has been futile.
4. The application has been brought in good faith.
DATED at KISUMU This ………………………day of……………………………………..….2023

OTIENO, YOGO, OJURO & COMPANY ADVOCATES

ADVOCATES FOR THE DEFENDANT/RESPOMDENT

DRAWN & FILED BY

OTIENO, YOGO & COMPANY ADVOCATES,
ST. PETER’S CHURCH OFFICES,
OMOLO AGAR ROAD, ADJACENT TO NYANZA PROVINCIAL HEADQUARTERS,
P.O.BOX 2453-40100
KISUMU
TO BE SERVED UPON
ASHIOYA & CO. ADVOCATES
BUSINESS CENTRE
OPPPOSITE BUSIA POST OFFICE
P.O BOOX 363`
BUSIA(K)