[2016] KEHC 3416 (KLR)

[2016] KEHC 3416 (KLR)

The court found that the application dated 23/5/2016 was unopposed as the respondent did not file any substantive response. Upon perusal, the court was satisfied that the applicant was entitled to the orders sought in prayer (b) of the application. However, the court exercised its discretion to award costs to the...

Source-derived case information.

Citation
[2016] KEHC 3416 (KLR)
Parties
Applicant: Gold Crown Bevarages (K) Ltd; Respondent: Jackson Mugo Mwangi t/a Jazz Supermarket
Court
High Court
Court Station
High Court at Kitale
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Case 17 of 2016
Procedural Posture
Miscellaneous Application / Ruling
Outcome
Application allowed in terms of prayer (b) of the application dated 23/5/2016. Costs awarded to the respondent.
Judges
HK Chemitei
Legal Topics
Applications for Orders, Costs Awards
Source Language
en
Civil Procedure Applications for Orders Costs Awards

Source-derived case record

Summary, issues, holding and outcome

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Parties

Gold Crown Bevarages (K) Ltd

Applicant

Jackson Mugo Mwangi t/a Jazz Supermarket

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the applicant is entitled to the orders sought in the application dated 23/5/2016.
  2. 2 Whether costs should be awarded to the respondent.

Ratio Decidendi

The court found that the application dated 23/5/2016 was unopposed as the respondent did not file any substantive response. Upon perusal, the court was satisfied that the applicant was entitled to the orders sought in prayer (b) of the application. However, the court exercised its discretion to award costs to the respondent, possibly as a balancing measure given the lack of opposition. The decision was based on the principles that unopposed applications may be allowed if meritorious and that costs generally follow the event unless the court orders otherwise.

Court Disposition

Application allowed in terms of prayer (b) of the application dated 23/5/2016. Costs awarded to the respondent.

Orders

  • Application allowed in terms of prayer (b) of the application dated 23/5/2016.
  • Costs to the respondent.