[2020] KEHC 3328 (KLR)
The court found that the application for stay demonstrated sufficient urgency based on the material presented, justifying certification as urgent and granting leave for the matter to be heard during the court recess. The court further directed that the respondents be served immediately and that the substantive...
Source-derived case information.
- Citation
- [2020] KEHC 3328 (KLR)
- Parties
- Applicant: Eld. John Johnson Ochieng & 19 Others; Respondent: Rev. Wellingtone Kuthe Owaga & 5 Others
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 13 of 2020
- Procedural Posture
- Civil Case / Ruling on Urgent Application for Stay and Directions for Interpartes Hearing
- Outcome
- Application certified as urgent; leave granted for hearing during recess; directions for interpartes hearing and service issued.
- Judges
- RE Aburili
- Legal Topics
- Urgent Applications, Stay of Proceedings, Interpartes Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Eld. John Johnson Ochieng & 19 Others
Applicant
Rev. Wellingtone Kuthe Owaga & 5 Others
Respondent
Procedural Posture
Civil Case / Ruling on Urgent Application for Stay and Directions for Interpartes Hearing
Legal Issues
- 1 Whether the application for stay discloses sufficient urgency to warrant certification and expedited hearing.
- 2 Whether leave should be granted for the matter to be heard during court recess.
- 3 Whether interim orders should be considered interpartes by the Duty Judge.
Ratio Decidendi
The court found that the application for stay demonstrated sufficient urgency based on the material presented, justifying certification as urgent and granting leave for the matter to be heard during the court recess. The court further directed that the respondents be served immediately and that the substantive application be heard interpartes before the Duty Judge, who retains discretion to grant interim orders. The matter was referred back to the Kisumu High Court for conclusion, given the proximity of the event sought to be stayed.
Court Disposition
Application certified as urgent; leave granted for hearing during recess; directions for interpartes hearing and service issued.
Orders
- Leave granted for the matter to be heard during the court recess.
- Applicants to serve respondents forthwith.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
KISUMU CIVIL CASE 13 OF 2020
ELD. JOHN JOHNSON OCHIENG & 19 OTHERS..........................PLAINTIFF/APPLICANT
VERSUS
REV. WELLINGTONE KUTHE OWAGA & 5 OTHERS..........DEFENDANT/RESPONDENT
RULING
1. I have considered the 2 applications dated 2/9/2020 under Certificate of Urgency. I am satisfied that on the material placed before the court, the matter deserves to be considered expeditiously. I grant leave to be heard during the Recess. On the substantive application for stay, I am satisfied that the same discloses urgency. I certify it as urgent.
2. I direct the applicants to serve the Respondents forthwith for interpartes considered on 8/9/2020 before the Duty/Presiding Judge at Kisumu High Court. As the event which is sought to be interrupted takes place on 13/9/2020, I leave it to the discretion of the Duty Judge to consider the prayer for interim orders interpartes. The matter is accordingly referred back to Kisumu High Court for conclusion.
3. Orders accordingly.
Dated, signed and Delivered at Siaya this 3rd Day of September 2020
R.E. ABURILI
JUDGE