[2025] KEELRC 774 (KLR)
The court declined to grant ex parte orders due to material lack of clarity in the application, including inconsistent identification of parties, unclear representation by advocates, and confusion between the terms 'defendant' and 'respondent.' The court held that such defects preclude the granting of ex parte...
Source-derived case information.
- Citation
- [2025] KEELRC 774 (KLR)
- Parties
- Applicant: Geoffrey I Kariuki t/a Direct O Auctioneers; Respondent: Sheracco Savings and Credit Society Limited; Respondent: Karuturi Limited (Under Receivership); Respondent: CFC Stanbic Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 024 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Application; Directions for Inter Partes Hearing
- Outcome
- Application not granted ex parte; directions issued for inter partes hearing and amendment.
- Judges
- J Rika
- Legal Topics
- Service of Process, Clarity of Parties, Ex Parte Orders, Affidavit Defects
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey I Kariuki t/a Direct O Auctioneers
Applicant
Sheracco Savings and Credit Society Limited
Respondent
Karuturi Limited (Under Receivership)
Respondent
CFC Stanbic Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Application; Directions for Inter Partes Hearing
Legal Issues
- 1 Whether the application is sufficiently clear to warrant ex parte orders.
- 2 Whether the parties and their roles are properly identified in the pleadings.
- 3 Whether the supporting affidavit and application are consistent regarding the applicant and respondents.
Ratio Decidendi
The court declined to grant ex parte orders due to material lack of clarity in the application, including inconsistent identification of parties, unclear representation by advocates, and confusion between the terms 'defendant' and 'respondent.' The court held that such defects preclude the granting of ex parte relief and directed that the application be served for inter partes hearing, with opportunity for amendment to clarify the issues flagged. The court emphasized the necessity for pleadings to clearly identify all parties and their roles to ensure procedural fairness and proper adjudication.
Court Disposition
Application not granted ex parte; directions issued for inter partes hearing and amendment.
Orders
- The application shall be served upon the intended respondents and heard inter partes on 26th March 2025.
- The intended respondents may file and serve their responses within 7 days of service.
Full Case Text
Judgment text and source record
29 paragraphs
Kariuki t/a Direct O Auctioneers v Sheracco Savings and Credit Society Limited & 2 others (Miscellaneous Application 024 of 2024) [2025] KEELRC 774 (KLR) (11 March 2025) (Ruling)
Neutral citation: [2025] KEELRC 774 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nakuru
Miscellaneous Application 024 of 2024
J Rika, J
March 11, 2025
Between
Geoffrey I Kariuki t/a Direct O Auctioneers
Applicant
and
Sheracco Savings and Credit Society Limited
1st Respondent
Karuturi Limited (Under Receivership)
2nd Respondent
CFC Stanbic Limited
3rd Respondent
Ruling
1. The application dated 5th March 2025 is not clear to the Court.
2. It is drawn and signed by Naomi Muriithi & Co, indicated to be the Advocates for the Respondent.
3. There are 3 Respondents named, and it is not clear which Respondent is represented by Naomi Muriithi, or indeed whether any of the Respondents is a decree-holder.
4. Further, the supporting affidavit, sworn by Weldon Kirui, makes reference to ‘’ the said defendant.’’
5. The Notice of Motion makes reference to the property ‘’ belonging to the defendant attaching.’’
6. There is no Party to the proceedings who is named as a defendant.
7. Weldon Kirui identifies himself as the Applicant herein, in his supporting affidavit. The Applicant in the title to the Application, is identified as Geoffrey I. Kariuki t/a Direct O. Auctioneers.
8. The registration number in the Application, is indicated as No. 024 of 2024. The Application forwarded to the Judge from the Registry is referenced as No. E024 of 2024.
9. The orders sought cannot be granted ex parte, with this lack of clarity.
It is Ordered: -a.The application shall be served upon the Intended Respondents, and heard inter partes, on 26th March 2025. b.The Intended Respondents may file and serve their responses, within 7 days of service.c.The Applicant may make any amendments to the application to clarify the issues flagged above.
DATED, SIGNED AND DELIVERED ELECTRONICALLY AT NAKURU, THIS 11TH DAY OF MARCH 2025. JAMES RIKAJUDGE