[2020] KEHC 2488 (KLR)
The court found that since there was no appeal challenging the orders issued on 12.08.2020, the applicant had not established a basis for the grant of a stay. The absence of an appeal rendered the application for stay unmerited. The court therefore dismissed the application for stay with costs to the respondent.
Source-derived case information.
- Citation
- [2020] KEHC 2488 (KLR)
- Parties
- Applicant: David Oscar Owako; Respondent: National Bank of Kenya Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Commercial Civil Case 77 of 2018
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Orders Pending Hearing
- Outcome
- application dismissed with costs to the respondent
- Judges
- TW Cherere
- Legal Topics
- Stay of Orders, Recusal of Judge, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Oscar Owako
Applicant
National Bank of Kenya Limited
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Orders Pending Hearing
Legal Issues
- 1 Whether the applicant is entitled to a stay of the orders issued on 12.08.2020 pending the hearing of the suit.
- 2 Whether the absence of an appeal against the orders of 12.08.2020 affects the merit of the stay application.
Ratio Decidendi
The court found that since there was no appeal challenging the orders issued on 12.08.2020, the applicant had not established a basis for the grant of a stay. The absence of an appeal rendered the application for stay unmerited. The court therefore dismissed the application for stay with costs to the respondent.
Court Disposition
application dismissed with costs to the respondent
Orders
- The notice of motion dated 20.08.2020 and filed on 27.08.2020 is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
COMMERCIAL NO. 77 OF 2018
(FORMERLY ELC NO. 278 OF 2016)
BETWEEN
DAVID OSCAR OWAKO.........................................................................PLAINTIFF/APPLICANT
AND
NATIONAL BANK OF KENYA LIMITED....................................DEFENDANT/RESPONDENT
RULING
1. On 12. 08. 2020, this court I dismissed the Applicant’s application forrecusal dated 28. 02. 2020.
2. By an application dated 20. 08. 2020 and filed on 27. 08. 2020, Plaintiff/Applicant seeks a stay of the orders of 12. 08. 2020 pending the hearing of this suit.
3. I have considered the application in the light the grounds of opposition filed by the Respondent on 22. 09. 2020 and the submissions filed for both parties.
4. There is no appeal challenging the orders of 12. 08. 2020 and a stay order is therefore unmerited.
5. In the end, the notice of motion dated 20. 08. 2020 and filed on27. 08. 2020 is undeserved and it is dismissed with costs to the Respondent.
Dated this 14th DAY OF October 2020
T. W. CHERERE
JUDGE
Court Assistants - Ms. Amondi/Okodoi
Plaintiff/Applicant - In person
For Defendant/Respondent -Mr.Orieyo for Otieno,Yogo,Ojuro & Co. Advs