[2024] KEHC 8450 (KLR)
The court found that the risk of imminent execution justified certifying the application dated 21.11.23 as urgent. The judge exercised discretion to ensure that the applicant's right to be heard on the merits of their application is preserved, and directed that the matter be set down for interpartes hearing on a...
Source-derived case information.
- Citation
- [2024] KEHC 8450 (KLR)
- Parties
- Appellant: The Guardian Coach Limited; Appellant: Julius Mokaya; Respondent: Amisi Akinyi Onuku
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E123 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Certificate of Urgency
- Outcome
- Application certified as urgent and set for interpartes hearing.
- Judges
- TA Odera
- Legal Topics
- Certificate of Urgency, Interpartes Hearing, Execution Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Guardian Coach Limited
Appellant
Julius Mokaya
Appellant
Amisi Akinyi Onuku
Respondent
Procedural Posture
Civil Appeal / Ruling on Certificate of Urgency
Legal Issues
- 1 Whether the application dated 21.11.23 should be certified as urgent and set for interpartes hearing.
- 2 Whether imminent execution justifies urgent hearing of the application.
Ratio Decidendi
The court found that the risk of imminent execution justified certifying the application dated 21.11.23 as urgent. The judge exercised discretion to ensure that the applicant's right to be heard on the merits of their application is preserved, and directed that the matter be set down for interpartes hearing on a specified date, with notice to issue to all parties.
Court Disposition
Application certified as urgent and set for interpartes hearing.
Orders
- The application dated 21.11.23 is certified as urgent.
- The application to be heard interpartes on 8.7.24.
Full Case Text
Judgment text and source record
18 paragraphs
Guardian Coach Limited & another v Onuku (Civil Appeal E123 of 2023) [2024] KEHC 8450 (KLR) (3 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8450 (KLR)
Republic of Kenya
In the High Court at Kisii
Civil Appeal E123 of 2023
TA Odera, J
July 3, 2024
Between
The Guardian Coach Limited
1st Appellant
Julius Mokaya
2nd Appellant
and
Amisi Akinyi Onuku
Respondent
Ruling
1. The applicant filed Certificate of urgency dated 13. 1.24 through the firm of Kimondo Gachoka & Company Advocates. The same seeks that application dated 21. 11. 23 be placed before this court for hearing as execution is eminent. I certify the said application as urgent and I order that the application dated 21. 11. 23 be heard interpartes on 8. 7.24. Notice to issue to parties.
T.A ODERAJUDGE3. 7. 24Delivered virtually Via Teams Platform in the presence of:Parties absentCourt Assistant: Oigo