[2025] KEHC 4652 (KLR)

[2025] KEHC 4652 (KLR)

The court exercised its discretion to adjourn the defence hearing at the Plaintiff's request, conditional upon payment of court adjournment fees. The court further directed that the Plaintiff's application to reopen the case be disposed of by way of written submissions, setting clear timelines for the exchange of...

Source-derived case information.

Citation
[2025] KEHC 4652 (KLR)
Parties
Plaintiff: James Thuita Karihe T/A Thuita Merchants; Defendant: Hasbah Kenya Limited; Defendant: Equity Bank Kenya Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Civil Case E137 of 2023
Procedural Posture
Civil Case / Interlocutory Application; Adjournment of Defence Hearing
Outcome
Application for adjournment granted; directions issued for disposal of Plaintiff's application by written submissions.
Judges
BK Njoroge
Legal Topics
Adjournment of Hearing, Reopening of Case, Written Submissions, Court Fees
Source Language
en
Civil Procedure Commercial and Corporate Adjournment of Hearing Reopening of Case Written Submissions Court Fees

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Parties

James Thuita Karihe T/A Thuita Merchants

Plaintiff

Hasbah Kenya Limited

Defendant

Equity Bank Kenya Limited

Defendant

Procedural Posture

Civil Case / Interlocutory Application; Adjournment of Defence Hearing

Legal Issues

  1. 1 Whether the Plaintiff has shown sufficient cause to warrant reopening of the case and adjournment of the defence hearing.
  2. 2 What directions should be given for disposal of the Plaintiff's application to reopen the case.

Ratio Decidendi

The court exercised its discretion to adjourn the defence hearing at the Plaintiff's request, conditional upon payment of court adjournment fees. The court further directed that the Plaintiff's application to reopen the case be disposed of by way of written submissions, setting clear timelines for the exchange of affidavits and submissions by both parties. The court's decision was guided by the need to ensure procedural fairness and efficient case management, balancing the Plaintiff's right to be heard with the Defendants' right to oppose the application and the court's interest in expeditious disposal of proceedings.

Court Disposition

Application for adjournment granted; directions issued for disposal of Plaintiff's application by written submissions.

Orders

  • Hearing adjourned at the instance of the Plaintiff, who shall pay court adjournment fees before the next date.
  • The Notice of Motion dated 1st April, 2025 to be disposed of by way of written submissions.