[2020] KEHC 3278 (KLR)

[2020] KEHC 3278 (KLR)

The court exercised its discretion to allow the applicant's application to be heard during the recess, having considered the urgency of the matter. The application was certified as urgent, and the applicant was directed to serve the respondent for an interpartes mention before the duty judge at Kisumu High Court....

Source-derived case information.

Citation
[2020] KEHC 3278 (KLR)
Parties
Applicant: David Oscar Owaka; Respondent: National Bank of Kenya Limited
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Cause 77 of 2018
Procedural Posture
Commercial Cause / Ruling on Interlocutory Application During Recess
Outcome
Application for leave to be heard during recess granted; application certified as urgent; directions for interpartes mention issued.
Legal Topics
Setting Aside Orders, Urgent Applications, Interlocutory Proceedings
Source Language
en
Civil Procedure Commercial and Corporate Setting Aside Orders Urgent Applications Interlocutory Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

David Oscar Owaka

Applicant

National Bank of Kenya Limited

Respondent

Procedural Posture

Commercial Cause / Ruling on Interlocutory Application During Recess

Legal Issues

  1. 1 Whether the applicant should be granted leave to be heard during the court recess.
  2. 2 Whether the application seeking to set aside the orders of Hon. T.W. Cherere made on 12.8.2020 should be certified as urgent and directions given.

Ratio Decidendi

The court exercised its discretion to allow the applicant's application to be heard during the recess, having considered the urgency of the matter. The application was certified as urgent, and the applicant was directed to serve the respondent for an interpartes mention before the duty judge at Kisumu High Court. The matter was returned to Kisumu High Court for further directions and conclusion. The orders of Hon. T.W. Cherere made on 12.8.2020 were not set aside at this stage; the ruling was limited to procedural directions and certification of urgency.

Court Disposition

Application for leave to be heard during recess granted; application certified as urgent; directions for interpartes mention issued.

Orders

  • Leave granted for the application to be heard during the recess.
  • Application certified as urgent.