[2021] KEHC 13310 (KLR)
The court found that the respondent was duly served with the originating summons and supporting documents, as evidenced by the affidavit of service. The respondent did not oppose the application or attend court. Upon reviewing the application, supporting affidavit, and annexures, the court was satisfied that the...
Source-derived case information.
- Citation
- [2021] KEHC 13310 (KLR)
- Parties
- Applicant: Exclusive Living East Africa Limited; Respondent: Ann Mideva Bulimu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case E674 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Originating Summons
- Outcome
- application allowed as prayed
- Judges
- WA Okwany
- Legal Topics
- Service of Process, Unopposed Application, Originating Summons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Exclusive Living East Africa Limited
Applicant
Ann Mideva Bulimu
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Originating Summons
Legal Issues
- 1 Whether the respondent was duly served with the originating summons and supporting documents.
- 2 Whether the applicant is entitled to the orders sought in the unopposed application.
Ratio Decidendi
The court found that the respondent was duly served with the originating summons and supporting documents, as evidenced by the affidavit of service. The respondent did not oppose the application or attend court. Upon reviewing the application, supporting affidavit, and annexures, the court was satisfied that the application was merited. Consequently, the court allowed the application as prayed, granting the orders sought by the applicant.
Court Disposition
application allowed as prayed
Orders
- The application dated 8th July 2021 is allowed as prayed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL AND TAX DIVISION
HCCC NO. E674 OF 2021
EXCLUSIVE LIVING EAST AFRICA LIMITED..................APPLICANT
VERSUS
ANN MIDEVA BULIMU....................................................RESPONDENT
RULING
1. I have perused the affidavit of service dated 16th July 2021 and I am satisfied that the respondent was duly served with the applicant’s Originating Summons(O.S.) dated 8th July 2021. The application not opposed and the respondent did not attend court despite proper service.
2. I have perused the application together with the supporting affidavit and annexures and I am satisfied that the application is merited.
3. Consequently, I allow it as prayed.
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS AT NAIROBI THIS 29TH DAY OF JULY 2021 IN VIEW OF THE DECLARATION OF MEASURES RESTRICTING COURT OPERATIONS DUE TO COVID-19 PANDEMIC AND IN LIGHT OF THE DIRECTIONS ISSUED BY HIS LORDSHIP, THE CHIEF JUSTICE ON THE 17TH APRIL 2020.
W. A. OKWANY
JUDGE
In the presence of:
Ms Kiteng’e for the Applicant.
No appearance for Respondent.
Court Assistant: Sylvia.