[2012] KEHC 1175 (KLR)

[2012] KEHC 1175 (KLR)

The court allowed the defendant's application in terms of prayers b, c, and d as filed on 27th June, 2012, on the basis that there was no opposition from the plaintiff and the application was found to be meritorious. The court further directed that the affidavit to be sworn by the respondent should take the form of...

Source-derived case information.

Citation
[2012] KEHC 1175 (KLR)
Parties
Plaintiff: James Kimeu Mulinge; Defendant: Nation Media Group Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Civil Case 69 of 2008
Procedural Posture
Civil Case / Ruling on Interlocutory Application
Outcome
Defendant's application allowed in terms of prayers b, c, and d. Respondent to swear a verifying affidavit. Costs in the cause.
Judges
CW Meoli
Legal Topics
Interlocutory Applications, Affidavit Requirements, Costs in the Cause
Source Language
en
Civil Procedure Interlocutory Applications Affidavit Requirements Costs in the Cause

Source-derived case record

Summary, issues, holding and outcome

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Parties

James Kimeu Mulinge

Plaintiff

Nation Media Group Ltd

Defendant

Procedural Posture

Civil Case / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the defendant's application filed on 27th June, 2012 should be allowed in terms of prayers b, c, and d.
  2. 2 Whether the respondent should be required to swear a verifying affidavit.

Ratio Decidendi

The court allowed the defendant's application in terms of prayers b, c, and d as filed on 27th June, 2012, on the basis that there was no opposition from the plaintiff and the application was found to be meritorious. The court further directed that the affidavit to be sworn by the respondent should take the form of a verifying affidavit, in compliance with the Civil Procedure Rules. Costs were ordered to be in the cause, meaning they will be determined at the conclusion of the main suit.

Court Disposition

Defendant's application allowed in terms of prayers b, c, and d. Respondent to swear a verifying affidavit. Costs in the cause.

Orders

  • Defendant's application filed on 27th June, 2012 allowed in terms of prayers b, c, and d.
  • Respondent to swear a verifying affidavit.