[2019] KEHC 4833 (KLR)
The court determined that due to the multiplicity of pending applications and the issuance of a notice to show cause for dismissal for want of prosecution, it is necessary to first hear the notice to show cause. If the case survives dismissal, the respondent's applications will be heard next, and only thereafter...
Source-derived case information.
- Citation
- [2019] KEHC 4833 (KLR)
- Parties
- Applicant: Gichuki King’ara & Co. Advocates; Respondent: Transfleet Ltd; Respondent: Transfleet EPZ Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 508 of 2012
- Procedural Posture
- Civil Case / Directions Before Ruling on Multiple Applications and Notice to Show Cause
- Outcome
- Directions issued; notice to show cause to be heard first, followed by respondent's applications, then applicant's application if necessary.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Certificate of Taxation, Dismissal for Want of Prosecution, Entry of Judgment, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gichuki King’ara & Co. Advocates
Applicant
Transfleet Ltd
Respondent
Transfleet EPZ Limited
Respondent
Procedural Posture
Civil Case / Directions Before Ruling on Multiple Applications and Notice to Show Cause
Legal Issues
- 1 Whether the case should be dismissed for want of prosecution.
- 2 Which application among the multiple pending should be heard first.
- 3 Whether judgment should be entered based on the certificate of taxation.
Ratio Decidendi
The court determined that due to the multiplicity of pending applications and the issuance of a notice to show cause for dismissal for want of prosecution, it is necessary to first hear the notice to show cause. If the case survives dismissal, the respondent's applications will be heard next, and only thereafter will the applicant's application for entry of judgment based on the certificate of taxation be considered. This sequence is intended to ensure procedural order and avoid unnecessary determination of applications that may be rendered moot if the case is dismissed.
Court Disposition
Directions issued; notice to show cause to be heard first, followed by respondent's applications, then applicant's application if necessary.
Orders
- The Notice to show cause dated 27th June, 2018 shall be heard first.
- If the case is not dismissed, the two applications by the respondent filed on 15th April, 2016 and 17th May, 2016 shall be heard.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NUMBER 508 OF 2012
GICHUKI KING’ARA & CO. ADVOCATES................................APPLICANT
VERSUS
TRANSFLEET LTD
TRANSFLEET EPZ LIMITED...................................................RESPONDENT
DIRECTIONS
On 11th March, 2019 this court set today’s date for the ruling of an application which had not been identified. On retiring to prepare the ruling I realized that there are three applications on record and a notice to show cause, all of which had not been determined.
The application dated 4th April, 2015 (the correct year should be 2016 going by the court receipt) is by the applicant seeking the entry of a judgment based a Certificate of Taxation dated 31st March, 2016 plus interest until payment in full. This was followed by two applications filed by the respondent on 15th April, 2016 and another one filed on 17th May, 2016 respectively. On 27th June, 2018 a Notice to show cause was issued by the court for the dismissal of the case for want of prosecution.
The multiplicity of applications in this matter has clouded the record such that I am not able to write any ruling. The foregoing being the case I must now give directions to the effect that the Notice to show cause dated 27th June, 2018 shall be heard first. If the case is not dismissed, then the two applications by the respondent cited above shall be heard.
The hearing of the applicant’s application dated 4th and filed on 6th April, 2016 shall depend on the outcome of the applications by the respondent.
Issued, dated and signed at Nairobi this 4th day of June, 2019
A. MBOGHOLI MSAGHA
JUDGE