[2021] KEHC 2623 (KLR)
The court found that since the parties had not reached an amicable settlement and the application for injunction remained unresolved, it was necessary to issue directions to facilitate the expeditious hearing of the main suit. The court ordered the defendants to file their defence and supporting documents within 15...
Source-derived case information.
- Citation
- [2021] KEHC 2623 (KLR)
- Parties
- Plaintiff: Hangover Kaakwacha Hotel Ltd; Defendant: Philip Odundo & Leonard Adundo t/a Hangover Kaakwacha Hotel
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Case E008 of 2021
- Procedural Posture
- Civil Case / Pretrial Directions; Interlocutory Application for Injunction Pending
- Outcome
- Interlocutory application for injunction spent; pretrial directions issued; status quo order granted.
- Judges
- RE Aburili
- Legal Topics
- Interlocutory Injunctions, Pretrial Procedure, Status Quo Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hangover Kaakwacha Hotel Ltd
Plaintiff
Philip Odundo & Leonard Adundo t/a Hangover Kaakwacha Hotel
Defendant
Procedural Posture
Civil Case / Pretrial Directions; Interlocutory Application for Injunction Pending
Legal Issues
- 1 Whether the application for injunction should be compromised or determined on merits.
- 2 What directions should be issued to facilitate expeditious disposal of the suit.
Ratio Decidendi
The court found that since the parties had not reached an amicable settlement and the application for injunction remained unresolved, it was necessary to issue directions to facilitate the expeditious hearing of the main suit. The court ordered the defendants to file their defence and supporting documents within 15 days, the plaintiff to reply within 7 days thereafter, and directed compliance with pretrial requirements under Order 11 of the Civil Procedure Rules. The application for injunction was deemed spent, and a status quo order was issued to maintain the parties' positions as they were prior to the suit, given their close relationship and the need to prevent prejudice pending final...
Court Disposition
Interlocutory application for injunction spent; pretrial directions issued; status quo order granted.
Orders
- Defendants to file and serve statement of defence and supporting documents within 15 days.
- Plaintiff to file reply to defence within 7 days of service, if necessary.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CIVIL CASE NO. E008 OF 2021
HANGOVER KAAKWACHA HOTEL LTD......................................................PLAINTIFF
VERSUS
PHILIP ODUNDO & LEONARD
ADUNDO T/A HANGOVER KAAKWACHA HOTEL..................................DEFENDANT
COURT DIRECTIONS
1. The parties have not agreed to resolve this matter amicably as had earlier been envisaged and therefore the application for injunction has not been compromised. That being the case, and as the application for injunction is likely to take long to be determined further if this court was to grant more time to the parties to file further and supplementary affidavits and submissions and the said parties are likely to prosecute the suit through an application for injunction, I hereby direct as follows:
(1) That the Defendants are granted 15 days of today to file and serve their statement of defence together with all documents and witness statements that they intend to rely on at the hearing;
(2) That the Plaintiff shall have 7 days of service of defence to file reply to defence if need be;
(3) That the application for injunction is hereby spent and order for status quo is hereby ordered so that the parties who are close relatives remain in the same positions that they were in prior to the filing of this suit;
(4) That upon direction (1) and (2) being complied with, the parties to comply with all the other pretrial requirements under Order 11 of the Civil Procedure Rules;
(5) This court shall mention this matter on 24/11/2021 for a pretrial conference and to fix a hearing date for the main suit. Mr. Okoyo to serve Mr. Anyul advocate.
2. I so direct.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF OCTOBER, 2021
R.E. ABURILI
JUDGE