[2004] KEHC 2147 (KLR)
The court found that the plaintiff had not properly served the list of documents on the defendant as required by the Civil Procedure Rules, and that the previously assessed costs of Kshs. 1,500 remained unpaid. The court emphasized the necessity of compliance with procedural requirements, including discovery and...
Source-derived case information.
- Citation
- [2004] KEHC 2147 (KLR)
- Parties
- Plaintiff: Daniel Kaloki Kioko; Defendant: Willy Muasa Kioko
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- ? 244 of ??
- Procedural Posture
- Civil Case / Pre Trial Directions and Interlocutory Orders
- Outcome
- Matter stood over generally pending compliance with court orders.
- Legal Topics
- Discovery of Documents, Costs Orders, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Kaloki Kioko
Plaintiff
Willy Muasa Kioko
Defendant
Procedural Posture
Civil Case / Pre Trial Directions and Interlocutory Orders
Legal Issues
- 1 Whether the plaintiff has complied with discovery obligations by serving the list of documents on the defendant.
- 2 Whether the plaintiff is in contempt of court for failing to pay previously assessed costs.
- 3 Whether the matter should proceed or be stood over due to non-compliance with court orders.
Ratio Decidendi
The court found that the plaintiff had not properly served the list of documents on the defendant as required by the Civil Procedure Rules, and that the previously assessed costs of Kshs. 1,500 remained unpaid. The court emphasized the necessity of compliance with procedural requirements, including discovery and payment of costs, before the matter could proceed. As a result, the court ordered that the lists of documents be filed and served on the defendant, the outstanding costs be paid forthwith, and the matter be stood over generally until compliance. The plaintiff was also directed to pay court adjournment fees and for the parties to agree on issues or file them separately.
Court Disposition
Matter stood over generally pending compliance with court orders.
Orders
- Plaintiff to file and serve list of documents on defendant.
- Plaintiff to pay outstanding costs of Kshs. 1,500 to defendant forthwith.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CIVIL CASE NO. 244 OF 2000
DANIEL KALOKI KIOKO……………………………PLAINTIFF
VERSUS
WILLY MUASA KIOKO……………………………..DEFENDANT
24. 6.2004
Coram:R. V. Wendoh – Judge
Advocate for plaintiff – Mr. Muoki
Advocate for defendant – Mrs. Nzei
Cc Muli
Mr. Muoki – Ready
Mrs. Nzei: Plaintiff is yet to serve us with plaintiffs list of documents. No discoveries are made and preliminaries are dispensed with. Plaintiff is in contempt of court. Reference is made to J. Mwera’s ruling. Court assessed costs of kshs.1,500/- be paid before next listing. The amount is yet to be paid. My client is in court.
Mr. Muoki:I gave a cheque to the client. The defendant was served in person with list of documents.
Court: From a perusal of the court file, the list of documents was filed on 18. 2.2002 when the plaintiffs purported to proceed exparte. The said proceedings were set aside later after court noted that even the summons had not been served on defendant to enable him enter appearance. Lists of documents be filed and served on defendants. The defendants costs of kshs.1,500/ which are outstanding be paid forthwith. Matter is stood over generally. Plaintiff to pay court adjournment fees. Issues be agreed or filed separately.
R. WENDOH JUDGE