[2020] KEHC 3327 (KLR)
The court found that the application demonstrated sufficient urgency to warrant being heard during the recess and accordingly granted leave. The application for stay of proceedings was certified as urgent, but the court directed that the respondents be served and the matter be heard interpartes before the Presiding...
Source-derived case information.
- Citation
- [2020] KEHC 3327 (KLR)
- Parties
- Appellant: First Assurance Co. Ltd; Respondent: Osienala (Friends of Lake Victoria); Respondent: SBM Bank (K) Ltd
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 55 of 2020
- Procedural Posture
- Civil Appeal / Ruling on Application for Leave and Stay of Proceedings
- Outcome
- Application for leave to be heard during recess granted; application for stay of proceedings certified urgent and referred for interpartes hearing.
- Judges
- RE Aburili
- Legal Topics
- Stay of Proceedings, Leave to Be Heard During Recess, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
First Assurance Co. Ltd
Appellant
Osienala (Friends of Lake Victoria)
Respondent
SBM Bank (K) Ltd
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Leave and Stay of Proceedings
Legal Issues
- 1 Whether leave should be granted for the application to be heard during the court recess.
- 2 Whether the application for stay of proceedings should be certified as urgent and directions given for interpartes hearing.
Ratio Decidendi
The court found that the application demonstrated sufficient urgency to warrant being heard during the recess and accordingly granted leave. The application for stay of proceedings was certified as urgent, but the court directed that the respondents be served and the matter be heard interpartes before the Presiding or Duty Judge at Kisumu High Court. The matter was referred back to Kisumu High Court for final determination, ensuring that both parties would have an opportunity to be heard on the substantive application.
Court Disposition
Application for leave to be heard during recess granted; application for stay of proceedings certified urgent and referred for interpartes hearing.
Orders
- Leave granted for application to be heard during recess.
- Application for stay of proceedings certified as urgent.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
KISUMU CIVIL APPEAL 55 OF 2020
FIRST ASSURANCE CO. LTD.............................APPELLANT/APPLICANT
VERSUS
OSIENALA (FRIENDS OF LAKE VICTORIA).................1st RESPONDENT
SBM BANK (K) LTD.............................................................2nd RESPONDENT
RULING
1. I have considered the application for leave to be heard during the recess. I grant it.
2. On the main motion for stay of proceedings in Kisumu CM CC No. 609/2019, I have considered the application under Certificate of Urgency. I certify it as urgent and direct the Applicant to serve the Respondent for interpartes consideration/Directions by the Presiding/Duty Judge at Kisumu High Court on 7/9/2020.
3. The matter is accordingly referred back to Kisumu High Court for final conclusion.
4. Orders accordingly.
Dated, signed and Delivered at Siaya this 3rd Day of September 2020.
R.E. ABURILI
JUDGE