[2017] KEHC 8424 (KLR)
The court found that, at this preliminary stage, there was no sufficient reason to reject the application for leave to sue as a pauper. The applicant had provided supporting documents and set out grounds for his inability to pay court fees. In accordance with Order 33 Rule 5 of the Civil Procedure Rules, the court...
Source-derived case information.
- Citation
- [2017] KEHC 8424 (KLR)
- Parties
- Applicant: James Ewatan Ekeno; Respondent: Equity Bank (Kenya) Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 545 of 2016
- Procedural Posture
- Miscellaneous Application / Application for Leave to Sue as a Pauper
- Outcome
- Application to serve respondent for hearing on pauperism granted.
- Judges
- BT Jaden
- Legal Topics
- Pauper Proceedings, Leave to Sue, Loan Disputes, Breach of Contract
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Ewatan Ekeno
Applicant
Equity Bank (Kenya) Limited
Respondent
Procedural Posture
Miscellaneous Application / Application for Leave to Sue as a Pauper
Legal Issues
- 1 Whether the applicant should be granted leave to institute suit as a pauper.
- 2 Whether the applicant has demonstrated inability to pay court fees as required under Order 33 of the Civil Procedure Rules.
Ratio Decidendi
The court found that, at this preliminary stage, there was no sufficient reason to reject the application for leave to sue as a pauper. The applicant had provided supporting documents and set out grounds for his inability to pay court fees. In accordance with Order 33 Rule 5 of the Civil Procedure Rules, the court directed that the application be served on the respondent to allow them to present evidence regarding the applicant's alleged pauperism. The court did not make a final determination on the merits of the application but allowed the process to proceed to the next stage, ensuring procedural fairness and compliance with the rules governing pauper suits.
Court Disposition
Application to serve respondent for hearing on pauperism granted.
Orders
- The application is to be served on the respondent for the receiving of evidence on pauperism and for hearing of any evidence by the respondent in disproof thereof.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CIVIL DIVISION
HIGH COURT MISC. APPL. NO. 545 OF 2016
JAMES EWATAN EKENO .................................APPLICANT
VERSUS
EQUITY BANK (KENYA) LIMITED) ................RESPONDENT
RULING
1. The application dated 10th October, 2016 seeks orders that the Applicant be granted leave to institute suit as a pauper.
2. The application is based on the grounds stated on the face of the application and is supported by the affidavit of the Applicant, James Ewatan Ekeno. It is dated that the applicant has no means to raise the court fees of Ksh.70,000/= due to pauperism. The Applicant wishes to file suit against the Respondent for a sum of Ksh.9,603,255/=.
3. It is the Applicants case that he had applied for a loan from the Respondent to purchase a motor vehicle for a transport business. That the purchase price of the motor vehicle was Ksh.6,000,000/= and the Respondent financed 70% of the purchase price which was ksh.4,200,000/=. However, the motor vehicle subsequently developed mechanical problems and the respondent failed to give the Applicant any further financial support. The Applicant alleges that the Respondent is in breach of contract, hence the claim for Ksh.9,603,255/= which includes the purchase price of the defective motor vehicle, repair works and loss of business.
4. In support of his claim, the Applicant has annexed a plaint, a letter from his chief and his letters to the Respondent.
5. I have considered the application. I have seen no reason to reject the same at this stage as provided under order 33 rule 5 Civil Procedure Rules. I direct that the application be served on the Respondent for the receiving of the evidence on pauperism and for hearing of any evidence by the Respondent in disproof thereof.
Dated, signed and delivered at Nairobi this 9th day of Feb., 2017
B THURANIRA JADEN
JUDGE