[2006] KEHC 1683 (KLR)
The court found that the continued holding of the interested party's Ugandan passport served no useful purpose, especially since the original order for deposit was prompted by the 2nd defendant's advocate, who now did not oppose the release. No party opposed the application or provided grounds for continued...
Source-derived case information.
- Citation
- [2006] KEHC 1683 (KLR)
- Parties
- Plaintiff: Jenneby Taita; Defendant: PIL (Kenya) Limited; Defendant: Joseph Oppong; Interested Party: Alice Kemigisha
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 260 of 2000
- Procedural Posture
- Civil Suit / Ruling on Motion for Release of Passport
- Outcome
- motion allowed
- Legal Topics
- Release of Documents, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jenneby Taita
Plaintiff
PIL (Kenya) Limited
Defendant
Joseph Oppong
Defendant
Alice Kemigisha
Interested Party
Procedural Posture
Civil Suit / Ruling on Motion for Release of Passport
Legal Issues
- 1 Whether the continued retention of the interested party's Ugandan passport by the court is justified.
- 2 Whether the interested party is entitled to the release of her passport to enable her to travel.
Ratio Decidendi
The court found that the continued holding of the interested party's Ugandan passport served no useful purpose, especially since the original order for deposit was prompted by the 2nd defendant's advocate, who now did not oppose the release. No party opposed the application or provided grounds for continued retention. Therefore, the court exercised its discretion to allow the motion and ordered the release of the passport to the interested party.
Court Disposition
motion allowed
Orders
- The interested party's Ugandan passport No. B 202705 shall be released to her as prayed in the motion dated 21st September 2005.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Civil Suit 260 of 2000
JENNEBY TAITA …………………......................………………PLAINTIFF
VERSUS
PIL (KENYA) LIMITED …………....................…………..1st DEFENDANT
JOSEPH OPPONG ……………..................……………2ND DEFENDANT
AND
ALICE KEMINGISHA …………....................……...INTERESTED PARTY
R U L I N G
In a motion dated 21st September 2005, the interested party herein, Alice Kemigisha, applied to have her Ugandan passport No. B 202705 to be released to her. She has sworn in her affidavit in support of the motion that she intends to travel to Uganda but cannot do so unless the passport is released to her. Mr. Gikandi advocate for the 2nd Respondent did not want to oppose or support the application. The Learned advocate just said that he would leave it to court. None of the parties filed any replying affidavit or grounds of opposition despite having been served. I have perused the proceedings of 4th June 2001 and it is clear that this court was prompted by Mr. Gikandi Advocate to issue an order directing Alice Kemingisha to deposit her passport in court. He now does not want to unlock the problem.
I have carefully considered the matter and I am satisfied that the further holding of the interested party’s Ugandan passport serves no useful purpose. Consequently the motion dated 21st September 2005 is allowed as prayed.
Dated and delivered at Mombasa this 25th day of July 2006.
J.K. SERGON
J U D G E
In open court in the absence of the parties.