[2020] KEHC 5955 (KLR)
The court declined to certify the application as urgent because the applicant failed to disclose particulars of the dates when the matters complained about took place. The court emphasized that urgency must be demonstrated with specific facts. Given the COVID-19 pandemic and restricted court access, the court issued...
Source-derived case information.
- Citation
- [2020] KEHC 5955 (KLR)
- Parties
- Plaintiff: George A. Odhiambo; Defendant: Charles Indiri (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 197 of 1992
- Procedural Posture
- Civil Case / Ruling on Ex Parte Notice of Motion Regarding Urgency and Directions
- Outcome
- Application for urgency declined; directions issued for further conduct of the matter.
- Legal Topics
- Urgent Applications, Service of Process, Court Directions, Covid19 Measures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George A. Odhiambo
Plaintiff
Charles Indiri (Deceased)
Defendant
Procedural Posture
Civil Case / Ruling on Ex Parte Notice of Motion Regarding Urgency and Directions
Legal Issues
- 1 Whether the application should be certified as urgent in the absence of particulars of the dates of the matters complained about.
- 2 What directions should be given for the expeditious handling of the application during the COVID-19 pandemic.
Ratio Decidendi
The court declined to certify the application as urgent because the applicant failed to disclose particulars of the dates when the matters complained about took place. The court emphasized that urgency must be demonstrated with specific facts. Given the COVID-19 pandemic and restricted court access, the court issued directions for service by email and required both parties to provide email addresses for further service. The court also directed the parties to submit written suggestions on how to proceed with the application while observing Ministry of Health guidelines. The respondent was given four days from service to respond to the application.
Court Disposition
Application for urgency declined; directions issued for further conduct of the matter.
Orders
- Application not certified as urgent.
- Application to be set down for mention for further directions on 29th April 2020.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
HIGH COURT CIVIL CASE NO. 197 OF 1992
GEORGE A. ODHIAMBO...................... PLAINTIFF
VERSUS
CHARLES INDIRI (DECEASED) ...DEFENDANT
22nd April 2020
Coram: Ochieng – J.
Court Assistant: Maureen Ojala
RULING
Exparte
1. Having given due consideration to the Notice of Motion dated 21st April 2020, I decline to certify as Urgent, as the Applicant has not disclosed particulars of the dates when the matters complained about took place.
2. It is ordered that the Application be set down for Mention, for Further Directions on 29th April 2020.
3. Meanwhile, the Applicant is directed to serve the application on the Respondent.
4. Once served, the Respondent is ordered to provide his email address, at which all further pleadings, together with Orders will be served, going forward.
5. The Applicant is also ordered to provide both the Court and the Respondent with an email address, at which he will be served, going forward.
6. In the light of the current Corona-Virus Pandemic, which is ravaging the entire Globe, this court notes that even on 29th April 2020, it is unlikely that the Mention will be done in the Court House, as the same is not accessible to litigants.
7. Accordingly, I further order the parties to provide, in writing, their suggestions on the proposed Directions, on how the application can be dealt with expeditiously, whilst observing all the guidelines which the Ministry of Health has issued, for the purposes of addressing the corona-virus pandemic.
8. The Respondent will have 4 (four) days, from the date of service, to file and serve his response to the application.
DATED, SIGNEDandDELIVERED at KISUMUThis22ndday ofApril2020
FRED A. OCHIENG
JUDGE