[2021] KEHC 4710 (KLR)
The court found that the application was not barred by the doctrines of res judicata or functus officio, as the issue at hand was compliance with a prior order rather than re-litigation of a decided matter. The court emphasized that the applicants had not yet deposited the required bank guarantee, and failure to do...
Source-derived case information.
- Citation
- [2021] KEHC 4710 (KLR)
- Parties
- Plaintiff: Gorasiya Hiteshi Ranji; Plaintiff: Tanji Kalyan Gorosia t/a Rayyog Enterprises; Defendant: Anil Tailor; Defendant: Imperial Primary School
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 10 of 2014
- Procedural Posture
- Civil Suit / Ruling on Application for Extension/enlargement of Time to Comply With Court Orders Regarding Bank Guarantee
- Outcome
- Application for extension/enlargement of time granted.
- Judges
- REA Ougo
- Legal Topics
- Extension of Time, Stay of Execution, Bank Guarantee Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gorasiya Hiteshi Ranji
Plaintiff
Tanji Kalyan Gorosia t/a Rayyog Enterprises
Plaintiff
Anil Tailor
Defendant
Imperial Primary School
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Extension/enlargement of Time to Comply With Court Orders Regarding Bank Guarantee
Legal Issues
- 1 Whether the applicants should be granted an extension and enlargement of time to comply with the court's orders regarding deposit or renewal of a bank guarantee.
- 2 Whether the matter is res judicata or the court is functus officio in relation to the application.
Ratio Decidendi
The court found that the application was not barred by the doctrines of res judicata or functus officio, as the issue at hand was compliance with a prior order rather than re-litigation of a decided matter. The court emphasized that the applicants had not yet deposited the required bank guarantee, and failure to do so would entitle the plaintiffs to proceed with execution. To ensure compliance with the stay of execution previously granted, the court exercised its discretion to allow the applicants a further 14 days to deposit the bank guarantee. The court made it clear that this extension was necessary to give effect to its earlier orders and to balance the interests of both parties....
Court Disposition
Application for extension/enlargement of time granted.
Orders
- Applicants are granted 14 days to deposit a bank guarantee in compliance with the court's previous orders.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN TH EHIGH COURT OF KENYA
AT KISII
CIVIL SUIT NO.10 OF 2014
GORASIYA HITESHI RANJI......................................................1ST PLAINTIFF/RESPONDENT
TANJI KALYAN GOROSIA T/A RAYYOG ENTERPRISES......2ND PLAINTIFF/RESPONDENT
VERSUS
ANIL TAILOR...............................................................................1ST DEFENDANT/APPLICANT
IMPERIAL PRIMARY SCHOOL...............................................2ND DEFENDANT/APPLICANT
RULING
1. The applicant seeks orders for extension and an enlargement of time within which they can comply with the orders issued on the 10/12/2019 and in particular deposit and/or renewal of the Bank Guarantee that explained on the 24/1/2021.
2. The matter was canvassed orally. I have considered the said oral submissions. What the applicant seeks to cure is what this court pointed out in its Ruling dated 1/7/2021. It is obvious that if the applicant does not deposit an appropriate Bank Guarantee then the plaintiff, may proceed with the execution proceedings.
3. The matter in my view is not re judicata nor is the court functus officio nor am I rewriting the contract between the parties. The court’s Ruling of 1/7/2021 was very clear. Therefore, to enable the applicant fully comply with the orders of stay of execution theapplicant is granted 14 days to deposit a Bank Guarantee. Costs be in the cause.
DATED, SIGNED AND DELIVERED AT KISII THIS 30TH DAY OF JULY 2021
R.E. OUGO
JUDGE
In the presence of:
Mr. Kipngetich For the Defendants/Applicants
Mr. Mogusu For the Plaintiffs/Respondents
Mr. Orwasa Court Assistant