[2001] KEHC 465 (KLR)
The court declined to hear the Notice of Motion dated 7th December 1999 on the basis that the judge was no longer assigned to the relevant division or section, significant time had elapsed since the original ruling, and other judges had made intervening rulings affecting the suit. The court determined that it would...
Source-derived case information.
- Citation
- [2001] KEHC 465 (KLR)
- Parties
- Plaintiff: Empress Dadger Company Limited; Defendant: Kenya Cultural Centre
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 670 of 2001
- Procedural Posture
- Civil Case / Application for Review or Setting Aside of Ruling; Transfer of File
- Outcome
- Application declined; file transferred to appropriate division for further hearing.
- Legal Topics
- Review of Rulings, Transfer of Cases, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Empress Dadger Company Limited
Plaintiff
Kenya Cultural Centre
Defendant
Procedural Posture
Civil Case / Application for Review or Setting Aside of Ruling; Transfer of File
Legal Issues
- 1 Whether the court should entertain the Notice of Motion dated 7th December 1999 seeking review or setting aside of a previous ruling.
- 2 Whether the matter should be heard by the current judge or transferred to the appropriate division.
Ratio Decidendi
The court declined to hear the Notice of Motion dated 7th December 1999 on the basis that the judge was no longer assigned to the relevant division or section, significant time had elapsed since the original ruling, and other judges had made intervening rulings affecting the suit. The court determined that it would be procedurally improper and potentially prejudicial to insist on hearing the application in these circumstances. Accordingly, the judge directed that the case file be returned to the appropriate division or section of the High Court for hearing by any judge therein, ensuring proper administrative and judicial handling of the matter.
Court Disposition
Application declined; file transferred to appropriate division for further hearing.
Orders
- The court declines to entertain the hearing of the Notice of Motion dated 7th December 1999.
- The case file is to be returned to the Commercial Division of the High Court at Milimani or any other appropriate Division or Section for hearing of the said Notice of Motion by any judge therein.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE 670 OF 2001
EMPRESS DADGER COMPANY LIMITED ……… PLAINTIFF VERUS KENYA CULTURAL CENTRE ……………………. DEFENDANT
Court:
Since I am no longer in the Commercial Division at Milimani or the Civil Section of the High Court and the Applicant in the Notice of Motion dated 7th December 1999 is seeking the granting of a number of other prayers and in view of the time lapse from the date of my ruling dated 8th December 1998 during which time other rulings have been made by other judges touching on this suit thereby rendering meaningless and irrelevant the insistence that I hear the Notice of Motion dated 7th December 1999, filed and ignored for almost two years, and bearing in mind that this is a case where apparently, the parties had the plaint filed for the sole purpose of engaging in a line of interlocutory applications one after another some simultaneously filed, I do hereby decline to entertain hearing of the aforesaid Notice of Moti0n on the mere basis that it seeks a review or the setting aside of my ruling and do hereby direct that the relevant case file be returned either to the Commercial Division of the High Court at Milimani or to any other Division or Section of the High Court, where the file properly belongs, for hearing of the said Notice of Motion by any judge in the said Division or Section.
Dated this 2nd day of October,2001.
J.M. KHAMONI JUDGE