[2024] KEHC 8191 (KLR)
The court found that, due to the absence of clarity on which file was the lead file and the lack of agreement between the parties on the way forward, it could not proceed with the hearing of the appeal. The court determined that the appropriate course of action was to refer the matter to the Deputy Registrar for...
Source-derived case information.
- Citation
- [2024] KEHC 8191 (KLR)
- Parties
- Appellant: Aswin Brothers CPA (K); Respondent: Development Bank of Kenya Limited
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E444 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Directions and Mention
- Outcome
- Mention for directions before Deputy Registrar; no substantive orders on the appeal.
- Judges
- JK Ng'arng'ar
- Legal Topics
- Case Management, Directions, Mention, Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aswin Brothers CPA (K)
Appellant
Development Bank of Kenya Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Directions and Mention
Legal Issues
- 1 Whether the court could proceed with the appeal in the absence of clarity on the lead file and directions.
- 2 What orders should be made where parties cannot agree on the way forward regarding case management.
Ratio Decidendi
The court found that, due to the absence of clarity on which file was the lead file and the lack of agreement between the parties on the way forward, it could not proceed with the hearing of the appeal. The court determined that the appropriate course of action was to refer the matter to the Deputy Registrar for mention and further directions. This ensures that the proceedings are properly managed and that any confusion regarding the lead file or applicable directions is resolved before substantive steps are taken in the appeal.
Court Disposition
Mention for directions before Deputy Registrar; no substantive orders on the appeal.
Orders
- The file is returned to be mentioned before the Deputy Registrar for further orders on the directions obtaining.
- Mention set for 25/7/2024 for further orders before the Deputy Registrar.
Full Case Text
Judgment text and source record
22 paragraphs
Aswin Brothers CPA (K) v Development Bank of Kenya Limited (Civil Appeal E444 of 2022) [2024] KEHC 8191 (KLR) (26 June 2024) (Ruling)
Neutral citation: [2024] KEHC 8191 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Appeal E444 of 2022
JK Ng'arng'ar, J
June 26, 2024
Between
Aswin Brothers CPA (K)
Appellant
and
Development Bank of Kenya Limited
Respondent
(Being an appeal from the whole of the judgment and decree of Hon. Kagoni E.M. (Mr.), Principal Magistrate in Milimani CMCC No. 5779 of 2018; Aswin Brothers CPA (K) v. Development Bank of Kenya Limited) delivered on 25th May, 2022)
Ruling
1. This matter came up for hearing under the Rapid Results Initiative (RRI) on 5/6/2024.
2. Both the Respondent and the Appellants were represented. It was agreed that there was a lead file in this mater being related to others.
3. As to which was the lead file the parties were not able to tell the court.
4. The directions must be in one of the files but having perused this one, it is not the one.
5. As it is, I am not able to proceed in absence of clear information or record on the mode of proceedings. The parties too were not able to agree on the way forward.
6. For the above reasons, I do return this file to be mentioned before the Deputy Registrar for further orders on the directions obtaining. Mention on 25/7/2024 for further orders before the Deputy Registrar.
DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 26TH DAY OF JUNE, 2024. ...............J.K. NG’ARNG’AR, HSCJUDGEIn the presence of:-Michuki & Michuki Advocates for the AppellantArcon Law Advocates LLP Advocates for the RespondentCourt Assistant- Peter Ong’idi