[2023] KEHC 19195 (KLR)
The court determined that, despite the parties' inability to agree on their own and the respondents' reservations about the applicant's good faith, the dispute was not complex and was suitable for mediation. Exercising its discretion, the court referred the matter to court annexed mediation as an appropriate...
Source-derived case information.
- Citation
- [2023] KEHC 19195 (KLR)
- Parties
- Applicant: Shem Oduor Adiero; Respondent: Benard Olweny Agutu; Respondent: Ouma Njoga & Company Advocates
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 205 of 2019
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Referral to Mediation
- Outcome
- Matter referred to court annexed mediation.
- Judges
- RE Aburili
- Legal Topics
- Court Annexed Mediation, Referral to Mediation, Dispute Over Court Deposit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shem Oduor Adiero
Applicant
Benard Olweny Agutu
Respondent
Ouma Njoga & Company Advocates
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Referral to Mediation
Legal Issues
- 1 Whether the dispute over money deposited in court should be referred to court annexed mediation.
- 2 Whether mediation is an appropriate alternative dispute resolution mechanism in this case.
Ratio Decidendi
The court determined that, despite the parties' inability to agree on their own and the respondents' reservations about the applicant's good faith, the dispute was not complex and was suitable for mediation. Exercising its discretion, the court referred the matter to court annexed mediation as an appropriate alternative dispute resolution mechanism, in accordance with statutory and procedural provisions. The court directed that the file be taken to the Mediation Deputy Registrar for appointment of a mediator and that a report on the mediation outcome be filed within sixty days, with a mention date set to confirm progress.
Court Disposition
Matter referred to court annexed mediation.
Orders
- The matter is referred to Court Annexed Mediation forthwith.
- The file to be taken to the Mediation Deputy Registrar for appointment of a mediator.
Full Case Text
Judgment text and source record
24 paragraphs
Adiero v Agutu & another (Miscellaneous Civil Application 205 of 2019) [2023] KEHC 19195 (KLR) (27 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19195 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 205 of 2019
RE Aburili, J
June 27, 2023
Between
Shem Oduor Adiero
Applicant
and
Benard Olweny Agutu
1st Respondent
Ouma Njoga & Company Advocates
2nd Respondent
Ruling
1. I have heard both parties to the dispute over the money deposited into court. The Respondent is an advocate while the Applicant is a lay person who is nonetheless knowledgeable.
2. The parties have been unable to agree on their own and the Applicant requests for mediation which the Respondents says it might not help as the Applicant is not acting in good faith.
3. However, this matter is not as sophiscated as it appears although the parties on their own have been unable to agree.
4. In the premise, I exercise discretion and direct that this matter shall forthwith be referred to Court Annexed Mediation which is an alternative mode of dispute resolution and settlement.
5. The file to be taken to the Mediation Deputy Registrar forthwith for appointment of a mediator and a report filed on the results of mediation within sixty (60) days as required by law.
6. Mention on 28th August 2023 before the Deputy Registrar of the High Court to confirm the progress of mediation process.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF JUNE, 2023R. E. ABURILIJUDGE