[2021] KEHC 4312 (KLR)
The court found that the Respondent/Defendant was properly served with the application and all relevant pleadings, as confirmed by the Affidavit of Service. Despite this, the Respondent failed to enter appearance, file a response, or attend court. In the absence of any opposition or explanation from the Respondent,...
Source-derived case information.
- Citation
- [2021] KEHC 4312 (KLR)
- Parties
- Plaintiff: Detan Ondiek alias Dedan Ondieki; Defendant: Invesco Assurance Company Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit E056 of 2020
- Procedural Posture
- Civil Suit / Interpartes Hearing of Interlocutory Application
- Outcome
- Application allowed as unopposed; stay of enforcement granted.
- Judges
- DO Chepkwony
- Legal Topics
- Interlocutory Injunctions, Stay of Execution, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Detan Ondiek alias Dedan Ondieki
Plaintiff
Invesco Assurance Company Limited
Defendant
Procedural Posture
Civil Suit / Interpartes Hearing of Interlocutory Application
Legal Issues
- 1 Whether the Respondent was properly served with the application and pleadings.
- 2 Whether the application for stay of enforcement of judgments against the Plaintiff should be granted unopposed.
Ratio Decidendi
The court found that the Respondent/Defendant was properly served with the application and all relevant pleadings, as confirmed by the Affidavit of Service. Despite this, the Respondent failed to enter appearance, file a response, or attend court. In the absence of any opposition or explanation from the Respondent, the court determined that the application was unchallenged. Consequently, the court exercised its discretion to allow the application as presented, granting a stay of enforcement of all judgments against the Plaintiff/Applicant arising from the accident involving the specified motor vehicles, pending the hearing and determination of the suit.
Court Disposition
Application allowed as unopposed; stay of enforcement granted.
Orders
- Enforcement of all judgments against the Plaintiff/Applicant arising from the accident involving motor vehicle registration numbers KAA 153P and KAZ 880C/ZD 0265 is stayed until the hearing and determination of this suit.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL, COMMERCIAL AND ADMIRALTY DIVISION
CIVIL SUIT NO. E056 OF 2021
DETAN ONDIEK alias DEDAN ONDIEKI.......................................PLAINTIFF
VERSUS
INVESCO ASSURANCE COMPANY LIMITED........................DEFENDANT
R U L I N G
1. The matter is coming up for interparties hearing of the application dated 2nd July, 2021 which was certified urgent and fixed for interparties hearing today.
2. Mr. Olwande appeared for the Plaintiff/Applicant and informed court that they had served the Respondent with the copies of Notice of Motion brought under certificate of urgency dated 2nd July 2021, hearing notice, summons to enter appearance, and all the pleadings herein on 8th June, 2021. He went on to show the court the Affidavit of Service filed in court today which confirms that indeed the Respondent/Defendant was served with the application and pleadings in this case.
3. The Respondent has neither entered appearance nor filed any response. It has not even attended court through its representatives or Counsel. This has led to the Applicant’s Counsel to pray for the application to be allowed as presented since the same is unopposed.
4. I have perused the record and confirm the application dated 2nd June, 2021 was certified urgent and served upon the Respondent/Defendant on 8th June, 2021 for interparties hearing today. I also find that the Affidavit of Service sworn on 8th June, 2021 confirms that the Respondent/Defendant was served on the even date but neither has the Respondent/Defendant entered or filed a response. It has also not sent any representation to explain all that.
5. In the circumstances, I find the application is unchallenged and allow the same in the terms presented, being, that the enforcement of all Judgments against the Plaintiff/Applicant arising from the accident which occurred on or about 11th day of August, 2012 involving the Plaintiff’s MOTOR VEHICLE REGISTRATION NUMBERS KAA 153PandKAZ 880C/ZD 0265 be and is hereby stayed until the hearing and determination of this suit.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY AT MOMBASA THIS 15TH DAY OF JUNE, 2021.
D. O. CHEPKWONY
JUDGE
In the presence of:
Mr. Olwande Counsel for Plaintiff/Applicant
No appearance for and by Respondent
Court Assistant - Winnie