[2024] KEHC 8153 (KLR)
The court held that leave to execute is only necessary where the judgment debtor is the National Government or a County Government. Since the intended execution in this case was not directed at either, leave was not a prerequisite. The application for leave was therefore unnecessary, and the court declined to...
Source-derived case information.
- Citation
- [2024] KEHC 8153 (KLR)
- Parties
- Appellant: Co-operative Bank of Kenya Ltd; Respondent: Henry Nyabuto Ondieki; Respondent: Chemelil Sugar Company Ltd; Respondent: KCB Bank Ltd
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 128 of 2019
- Procedural Posture
- Civil Appeal / Ruling on Interlocutory Application
- Outcome
- Application not certified as urgent; directions given for service and response.
- Judges
- MS Shariff
- Legal Topics
- Leave to Execute, Execution of Judgment, Urgency of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Co-operative Bank of Kenya Ltd
Appellant
Henry Nyabuto Ondieki
Respondent
Chemelil Sugar Company Ltd
Respondent
KCB Bank Ltd
Respondent
Procedural Posture
Civil Appeal / Ruling on Interlocutory Application
Legal Issues
- 1 Whether leave of court is required to execute a decree where the judgment debtor is not the National or County Government.
- 2 Whether the application for leave to execute is urgent.
Ratio Decidendi
The court held that leave to execute is only necessary where the judgment debtor is the National Government or a County Government. Since the intended execution in this case was not directed at either, leave was not a prerequisite. The application for leave was therefore unnecessary, and the court declined to certify the application as urgent, directing service and further procedural steps instead.
Court Disposition
Application not certified as urgent; directions given for service and response.
Orders
- This application is not certified as urgent.
- The same be served within 3 days from the date hereof.
Full Case Text
Judgment text and source record
21 paragraphs
Co-operative Bank of Kenya Ltd v Ondieki & 2 others (Civil Appeal 128 of 2019) [2024] KEHC 8153 (KLR) (8 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8153 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal 128 of 2019
MS Shariff, J
July 8, 2024
Between
Co-operative Bank of Kenya Ltd
Appellant
and
Henry Nyabuto Ondieki
1st Respondent
Chemelil Sugar Company Ltd
2nd Respondent
KCB Bank Ltd
3rd Respondent
Ruling
1. I have considered the 1st Respondent’s notice of motion dated 5th July 2024 and the affidavit in support thereof sworn by Henry Nyabuto Ondieki on even date and I do note that the 2nd Respondent is seeking court’s leave to execute yet the intended execution is not directed to either the National Government or a County Government and a such leave is not a prerequisite for execution as the one contemplated by the Applicant.
2. In light of the above finding I do hereby make the following orders:-1. This application is not certified as urgent.2. The same be served within 3 days from the date hereof.3. The Appellant is directed to file its response within 10 days from the date hereof.4. Mention on 8/8/2024 to confirm compliance and take further directions.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 8TH DAY OF JULY, 2024. MWANAISHA S. SHARIFFJUDGE