[2020] KEHC 8613 (KLR)
The court determined that since Njagi J. had previously given directions and was seized of the matter, it was appropriate for the case to revert to him for further handling. The current judge declined to rule on the preliminary objection, emphasizing the importance of judicial continuity and proper case management....
Source-derived case information.
- Citation
- [2020] KEHC 8613 (KLR)
- Parties
- Plaintiff: Ben Waswa; Defendant: Andrew Wafula Nyongesa
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 98 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Objection and Directions
- Outcome
- Matter referred back to Njagi J. for further directions.
- Judges
- DN Musyoka
- Legal Topics
- Case Management, Judicial Directions, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ben Waswa
Plaintiff
Andrew Wafula Nyongesa
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection and Directions
Legal Issues
- 1 Whether the matter should proceed before the current judge or revert to the judge previously seized of the matter.
- 2 Whether the directions previously given by Njagi J. should be adhered to.
Ratio Decidendi
The court determined that since Njagi J. had previously given directions and was seized of the matter, it was appropriate for the case to revert to him for further handling. The current judge declined to rule on the preliminary objection, emphasizing the importance of judicial continuity and proper case management. The parties were directed to obtain dates for mention before Njagi J. for further directions.
Court Disposition
Matter referred back to Njagi J. for further directions.
Orders
- The parties shall obtain dates at the registry for mention of the matter before Njagi J. for further directions.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
MISCELLANEOUS CIVIL APPLICATION NO. 98 OF 2018
BEN WASWA................................................PLAINTIFF
VERSUS
ANDREW WAFULA NYONGESA........DEFENDANT
RULING
1. Directions were given by Njagi J. on 12th March 2019, for filing of written submissions on a Motion dated 6th December 2018. The matter was then allocated a date for mention on 9th May 2019
2. On 9th May 2019, the matter was placed before me instead of being placed before Njagi J. Issues were raised with regard to the directions of 12th March 2019 and I directed that the file be placed before Njagi J. that morning. .
3. When the parties appeared before Njagi J., they were directed to obtain dates at the registry. That they did on 9th May 2019, and they appeared before Njagi J. on 17th October 2019, when the Judge required them to come back before him on 6th November 2019.
4. On 6th November 2019, the matter was listed before me rather than before Njagi J. Although I directed, on that occasion, that I could rule on the Preliminary Objection, having gone through the record and noted that it was a matter that Njagi J. was seized of, it would only be right that the matter goes back to Njagi J.
5. The parties shall obtain dates at the registry for mention of the matter before Njagi J. for further directions. It is so ordered.
DATED, SIGNED and DELIVERED at KAKAMEGA this 24th DAY OF January, 2020.
W. MUSYOKA
JUDGE