[2024] KEHC 13989 (KLR)
The court found that the applicant had demonstrated sufficient grounds for urgency, particularly given the affidavit of service confirming that the respondents had been served with notice of the hearing. The absence of the respondents, despite proper service, did not preclude the court from certifying the matter as...
Source-derived case information.
- Citation
- [2024] KEHC 13989 (KLR)
- Parties
- Applicant: I & M Bank Limited; Respondent: Ryan Sports House Limited & another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E183 of 2024
- Procedural Posture
- Civil Appeal / Interlocutory Application; Pre Interpartes Hearing
- Outcome
- Application for certification of urgency granted; directions for inter partes hearing issued.
- Judges
- TW Ouya
- Legal Topics
- Urgent Applications, Service of Process, Interpartes Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
I & M Bank Limited
Applicant
Ryan Sports House Limited & another
Respondent
Procedural Posture
Civil Appeal / Interlocutory Application; Pre Interpartes Hearing
Legal Issues
- 1 Whether the matter should be certified as urgent.
- 2 Whether proper service was effected on the respondents for the inter partes hearing.
- 3 Whether directions for inter partes hearing should be issued.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for urgency, particularly given the affidavit of service confirming that the respondents had been served with notice of the hearing. The absence of the respondents, despite proper service, did not preclude the court from certifying the matter as urgent and issuing directions for inter partes hearing. The court exercised its discretion to ensure expeditious disposal of the application and to safeguard the interests of justice.
Court Disposition
Application for certification of urgency granted; directions for inter partes hearing issued.
Orders
- The matter is certified as urgent.
- Notice for inter partes hearing to be served upon the respondents.
Full Case Text
Judgment text and source record
22 paragraphs
I & M Bank Limited v Ryan Sports House Limited & another (Civil Appeal E183 of 2024) [2024] KEHC 13989 (KLR) (Civ) (11 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13989 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal E183 of 2024
TW Ouya, J
November 11, 2024
Between
I & M Bank Limited
Plaintiff
and
Ryan Sports House Limited & another & another
Defendant
Ruling
1. The Notice of motion before the court is dated 9th September 2024 and is attendant to a suit initiated by chamber summons applications of the same date.
2. The matter was originally filed before Commercial and Tax Division and was in court on the 17th September 2024 when it was redirected to the Civil Division.
3. This matter was in court (Civil Division) on 4th November 2024. The was appearance by Mr. Otieno Holding brief for Mrs Otieno for the plaintiff/applicant.
4. On the other hand, there was no appearance for the Defendant/Respondents despite service by the Applicant. The Applicant filed an affidavit of service sworn on 30th October, 2024 indicating that the matter was coming for inter parties hearing on 4th November 2024.
5. Counsel for the Applicant addressed the court on the nature of the application and the orders sought.
6. This court is therefore inclined to:1. Certify the matter urgent2. Direct that notice for inter parties hearing before this court to be served upon the Dependent/Applicant.3. Inter parties hearing on 18th November 2024.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 11TH DAY OF NOVEMBER, 2024HON. T. W. OUYAJUDGEROA 14 days.For Applicant Mr. Gregory OtienoFor Respondent No AppearanceCourt Assistant Martin