[2020] KEHC 3331 (KLR)
The court found that the applicant failed to demonstrate any urgency or exceptional circumstances justifying certification of the matter as urgent or granting leave for hearing during the recess. Consequently, the court declined to certify the matter as urgent and refused leave for recess hearing. The court directed...
Source-derived case information.
- Citation
- [2020] KEHC 3331 (KLR)
- Parties
- Respondent: Doris Awino Abira; Applicant: M.I. Wafula & Co Associates
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 4 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Be Heard During Recess and Stay of Taxation Proceedings
- Outcome
- Application for leave to be heard during recess declined; matter referred for ordinary hearing.
- Legal Topics
- Stay of Taxation, Urgency Certification, Recess Hearing, Service of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Doris Awino Abira
Respondent
M.I. Wafula & Co Associates
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Be Heard During Recess and Stay of Taxation Proceedings
Legal Issues
- 1 Whether the application discloses sufficient urgency to warrant hearing during the court recess.
- 2 Whether leave should be granted to be heard during the recess period.
- 3 Whether stay of taxation proceedings should be granted pending interpartes hearing.
Ratio Decidendi
The court found that the applicant failed to demonstrate any urgency or exceptional circumstances justifying certification of the matter as urgent or granting leave for hearing during the recess. Consequently, the court declined to certify the matter as urgent and refused leave for recess hearing. The court directed that the application be served upon the respondent and set down for directions and interpartes hearing before the presiding or duty judge at Kisumu during the new term. The matter was referred back to the Kisumu High Court for conclusion.
Court Disposition
Application for leave to be heard during recess declined; matter referred for ordinary hearing.
Orders
- Application for leave to be heard during recess is declined.
- Applicant to serve the respondent with the application for directions and interpartes consideration by the presiding/duty judge at Kisumu during the new term on 16.9.2020.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
KISUMU HIGH COURT MISCEELLEANOUS CIVIL CASE NO. 4 OF 2019
DORIS AWINO ABIRA..........................RESPONDENT/APPLICANT
VERSUS
M.I. WAFULA & CO ASSOCIATES ....APPLICANT/RESPONDENT
RULING
1. Have considered the application for leave to be heard during the recess and the main application for stay of taxation proceedings.
2. I find no urgency involved and/or disclosed. I decline to certify the matter as urgent and decline to grant leave to be heard during the recess.
3. I direct the applicant to serve the Respondent with the application for directions and interpartes consideration by the presiding/duty judge at Kisumu during the new term on 16. 9.2020.
4. Matter referred back to Kisumu High Court for conclusion.
Orders accordingly.
Dated, Signed and Delivered at Siaya this 3rd Day of September, 2020
R.E. ABURILI
RECESS DUTY JUDGE