[2009] KEHC 547 (KLR)

[2009] KEHC 547 (KLR)

The court found that none of the parties would suffer any prejudice if the Chamber Summons dated 28th July 2009 was granted. The application was therefore allowed as prayed in terms of prayers 3, 4, 5, and 6. The applicant was ordered to pay the costs of the Chamber Summons to the respondents, in line with the...

Source-derived case information.

Citation
[2009] KEHC 547 (KLR)
Parties
Plaintiff: Aerosupport Limited; Plaintiff: Nairobi Homes Limited; Plaintiff: Treca Enterprises Limited; Defendant: Peter Kuria Runo t/a Debcoll Agencies
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Civil Suit 729 of 2007
Procedural Posture
Civil Suit / Ruling on Chamber Summons
Outcome
Chamber Summons dated 28th July 2009 granted as prayed in terms of prayers 3, 4, 5, and 6. Applicant to pay costs of the Chamber Summons to the Respondents.
Judges
JM Khamoni
Legal Topics
Chamber Summons, Costs Award, Prejudice to Parties
Source Language
en
Civil Procedure Chamber Summons Costs Award Prejudice to Parties

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Summary, issues, holding and outcome

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Parties

Aerosupport Limited

Plaintiff

Nairobi Homes Limited

Plaintiff

Treca Enterprises Limited

Plaintiff

Peter Kuria Runo t/a Debcoll Agencies

Defendant

Procedural Posture

Civil Suit / Ruling on Chamber Summons

Legal Issues

  1. 1 Whether the Chamber Summons dated 28th July 2009 should be granted as prayed.
  2. 2 Whether granting the application would cause prejudice to any party.
  3. 3 Who should bear the costs of the Chamber Summons.

Ratio Decidendi

The court found that none of the parties would suffer any prejudice if the Chamber Summons dated 28th July 2009 was granted. The application was therefore allowed as prayed in terms of prayers 3, 4, 5, and 6. The applicant was ordered to pay the costs of the Chamber Summons to the respondents, in line with the principle that costs follow the event. The decision was based on the absence of demonstrated prejudice and the justification for the reliefs sought.

Court Disposition

Chamber Summons dated 28th July 2009 granted as prayed in terms of prayers 3, 4, 5, and 6. Applicant to pay costs of the Chamber Summons to the Respondents.

Orders

  • Chamber Summons dated 28th July 2009 granted as prayed in terms of prayers 3, 4, 5, and 6.
  • Applicant to pay costs of the Chamber Summons to the Respondents.