[2020] KEHC 139 (KLR)
The court determined that in order to properly consider the application before it, it was necessary to have access to the record of the lower court proceedings. Accordingly, the Deputy Registrar was directed to avail the relevant lower court file to facilitate further directions and ensure a just and informed...
Source-derived case information.
- Citation
- [2020] KEHC 139 (KLR)
- Parties
- Applicant: Jared Odhiambo Obiero; Respondent: National Bank of Kenya Ltd
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 41 of 2019
- Procedural Posture
- Miscellaneous Application / Interlocutory Order
- Outcome
- interlocutory order issued; matter fixed for directions
- Judges
- AC Mrima
- Legal Topics
- Reference to Lower Court Record, Directions Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Odhiambo Obiero
Applicant
National Bank of Kenya Ltd
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Order
Legal Issues
- 1 Whether it is necessary to refer to the lower court file for proper consideration of the application.
- 2 What procedural steps should be taken to facilitate the court's determination.
Ratio Decidendi
The court determined that in order to properly consider the application before it, it was necessary to have access to the record of the lower court proceedings. Accordingly, the Deputy Registrar was directed to avail the relevant lower court file to facilitate further directions and ensure a just and informed determination of the matter.
Court Disposition
interlocutory order issued; matter fixed for directions
Orders
- The Deputy Registrar is directed to avail Migori Chief Magistrates Court ELC Case No. 23 of 2018.
- The matter shall be fixed for directions on 19/03/2020.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
MISC. CIVIL APPLN. NO. 41 OF 2019
JARED ODHIAMBO OBIERO.................................................APPLICANT
VERSUS
NATIONAL BANK OF KENYA LTD...................................RESPONDENT
ORDER
1. In the course of consideration of this matter it has become necessary that I make reference to the lower court file.
2. To that end, I hereby direct the Deputy Registrar of this Court to avail Migori Chief Magistrates Court ELC Case No. 23 of 2018.
3. This matter shall be fixed for directions on 19/03/2020.
4. Orders accordingly.
DELIVERED, DATED and SIGNED at MIGORI this 9th day of March 2020.
A. C. MRIMA
JUDGE