[2013] KEHC 4905 (KLR)
The court found that the application dated 7th December, 2012 was unopposed by the respondent. In the absence of any opposition or legal impediment, the court exercised its discretion to allow the application in terms of prayers (3) and (4) as sought by the applicant. The court further ordered that the applicant...
Source-derived case information.
- Citation
- [2013] KEHC 4905 (KLR)
- Parties
- Applicant: Juma Idd Juma; Respondent: Fatuma Naaman Mohamed
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 21 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application
- Outcome
- Application allowed as prayed in terms of prayers (3) and (4); applicant to bear costs.
- Judges
- JV Juma
- Legal Topics
- Unopposed Application, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juma Idd Juma
Applicant
Fatuma Naaman Mohamed
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application
Legal Issues
- 1 Whether the unopposed application dated 7th December, 2012 should be allowed.
- 2 Whether the applicant should bear the costs of the application.
Ratio Decidendi
The court found that the application dated 7th December, 2012 was unopposed by the respondent. In the absence of any opposition or legal impediment, the court exercised its discretion to allow the application in terms of prayers (3) and (4) as sought by the applicant. The court further ordered that the applicant should meet the costs of the application, applying the general principle that costs follow the event unless there are special reasons to depart from this rule. No such reasons were advanced in this case.
Court Disposition
Application allowed as prayed in terms of prayers (3) and (4); applicant to bear costs.
Orders
- Application dated 7th December, 2012 allowed in terms of prayers (3) and (4).
- Applicant to meet the costs of the application.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
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JUMA IDD JUMA…………………………………………………APPLICANT
VERSUS
FATUMA NAAMAN MOHAMED…………………..........……RESPONDENT
RULING
The application dated 7th December, 2012 being unopposed is hereby allowed in terms of prayers (3) and (4) therein.The applicant to meet the costs of this application.
Dated and delivered in Mombasa this 27th day of February, 2013.
M. ODERO
JUDGE
In the presence of:
Applicant in person
Court Clerk Mutisya