[2022] KEHC 16288 (KLR)
The court found that, since the matter had proceeded before another judge, it was necessary for the proceedings to be typed to facilitate the delivery of judgment. Additionally, as the 1st defendant's submissions were not on record, the court granted the 1st defendant fourteen days to file or place its submissions...
Source-derived case information.
- Citation
- [2022] KEHC 16288 (KLR)
- Parties
- Plaintiff: Garley Enterprises Limited; Defendant: Agricultural Finance Corporation; Defendant: Luster Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Commercial Case 628 of 2006
- Procedural Posture
- Commercial Case / Directions Before Judgment Delivery
- Outcome
- Directions issued for typing of proceedings and filing of submissions before judgment delivery.
- Judges
- DO Chepkwony
- Legal Topics
- Directions on Judgment Delivery, Filing of Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Garley Enterprises Limited
Plaintiff
Agricultural Finance Corporation
Defendant
Luster Limited
Defendant
Procedural Posture
Commercial Case / Directions Before Judgment Delivery
Legal Issues
- 1 Whether the court should issue directions for delivery of judgment when proceedings were before another judge.
- 2 Whether the 1st defendant should be granted time to file its submissions.
Ratio Decidendi
The court found that, since the matter had proceeded before another judge, it was necessary for the proceedings to be typed to facilitate the delivery of judgment. Additionally, as the 1st defendant's submissions were not on record, the court granted the 1st defendant fourteen days to file or place its submissions on record. The court issued directions to ensure procedural fairness and proper record-keeping before judgment is delivered.
Court Disposition
Directions issued for typing of proceedings and filing of submissions before judgment delivery.
Orders
- The proceedings herein be typed and the plaintiff to follow up with the deputy registrar and ensure that the same is acted upon.
- The 1st defendant is granted fourteen (14) days to file and/or place its submissions on record.
Full Case Text
Judgment text and source record
20 paragraphs
Garley Enterprises Limited v Agricultural Finance Corporation & another (Commercial Case 628 of 2006) [2022] KEHC 16288 (KLR) (Commercial and Tax) (10 November 2022) (Ruling)
Neutral citation: [2022] KEHC 16288 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Commercial and Tax
Commercial Case 628 of 2006
DO Chepkwony, J
November 10, 2022
Between
Garley Enterprises Limited
Plaintiff
and
Agricultural Finance Corporation
1st Defendant
Luster Limited
2nd Defendant
Ruling
1. This matter was listed for directions before this court on October 25, 2022. Although the other parties were not represented, Mr Ochieng counsel for the plaintiff indicated that the matter had proceeded and concluded before Hon Nzioka who is now on transfer. He suggested that the court gives directions on delivery of judgment since parties had filed submissions on the substantive suit.
2. I have as well perused the record and given that the matter proceeded before another judge, it is my considered view that for smooth progress and in order to issue directions on delivery of judgment, it would be proper that the proceedings be typed first. It also appears that the 1st defendant’s submission are not on record and hence direct that the 1st defendant files and/or ensures that its submissions are placed on record. That being the case, the following directions do issue:-a.That the proceedings herein be typed and the plaintiff to follow up with the deputy registrar and ensure that the same is acted upon.b.That the 1st defendant is granted fourteen (14) days to file and/or place its submissions on record.c.Mention on January 31, 2022 to confirm compliance with the above order and take further directions.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT NAIROBI THIS 10THDAY OF NOVEMBER, 2022. D O CHEPKWONYJUDGEIn the presence of:Mr Ochieng counsel for plaintiffMr Maweu counsel for 2nd defendantNo appearance for and by 1st defendantCourt assistant - SakinaHCCOMM NO E628 OF 2020 RULING - 2 | 2