[2023] KEHC 1189 (KLR)
The court determined that, in the interests of justice and procedural fairness, all pending applications, including the application for joinder of an interested party and the application for injunctive relief, should be canvassed jointly. The application for joinder is to be heard first, as its outcome may affect...
Source-derived case information.
- Citation
- [2023] KEHC 1189 (KLR)
- Parties
- Plaintiff: Kawaken Holding Limited; Defendant: Cooperative Bank of Kenya; Defendant: Metrocosmo Limited; Applicant: Sammy Mwangi Kamau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E248 of 2022
- Procedural Posture
- Commercial Case / Directions on Interlocutory Applications
- Outcome
- Directions issued for joint hearing of pending applications, with joinder application to be heard first.
- Judges
- DO Chepkwony
- Legal Topics
- Injunctive Relief, Joinder of Parties, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kawaken Holding Limited
Plaintiff
Cooperative Bank of Kenya
Defendant
Metrocosmo Limited
Defendant
Sammy Mwangi Kamau
Applicant
Procedural Posture
Commercial Case / Directions on Interlocutory Applications
Legal Issues
- 1 Whether injunctive orders should be granted restraining the defendants from dealing with Maryland Apartments pending determination of the application.
- 2 Whether the application for joinder of an interested party should be heard and determined prior to or together with the pending application.
Ratio Decidendi
The court determined that, in the interests of justice and procedural fairness, all pending applications, including the application for joinder of an interested party and the application for injunctive relief, should be canvassed jointly. The application for joinder is to be heard first, as its outcome may affect the parties entitled to participate in the subsequent proceedings. The court noted uncertainty regarding service of the application for joinder and directed that all parties be given an opportunity to respond and file submissions before the applications are heard together.
Court Disposition
Directions issued for joint hearing of pending applications, with joinder application to be heard first.
Orders
- All pending applications to be canvassed jointly.
- The application dated 30th November, 2022 for joinder of interested party to be heard first.
Full Case Text
Judgment text and source record
24 paragraphs
Kawaken Holding Limited v Cooperative Bank of Kenya & another (Commercial Case E248 of 2022) [2023] KEHC 1189 (KLR) (Commercial and Tax) (17 February 2023) (Directions)
Neutral citation: [2023] KEHC 1189 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Commercial and Tax
Commercial Case E248 of 2022
DO Chepkwony, J
February 17, 2023
Between
Kawaken Holding Limited
Plaintiff
and
Cooperative Bank of Kenya
1st Defendant
Metrocosmo Limited
2nd Defendant
Directions
1. Pending determination in this matter is a Notice of Motion application dated 1st July, 2022 in which, amongst other prayers, the Applicant seeks injunctive orders to issue restraining orders against the 1st and 2nd Defendants by themselves, their agents, and/or personal assigns forthwith from administering, managing, leasing, disposing off. Alienating and in any other manner that apartments known as Maryland Apartments elected on L.R No.5/156, pending the hearing and determination of this application interparties.
2. The application is opposed by the Respondent vide a Replying Affidavit sworn by Grace Mwikali, the Relationship Manager of the 1st Respondent on 8th September, 2022.
3. On 25th July, 2022, this court directed the parties to file written submissions in disposing of the said application and on 1st November, 2022 the matter was fixed for delivery of ruling on 16th February, 2023 upon confirming compliance of the said directions by the parties.
4. However, as I set down to write the ruling, I noted that there is an application dated 30th November, 2022 which seeks one Sammy Mwangi Kamau to be enjoined as an Interested Party in this suit. That the said applications was placed before me and directions issued that the Applicant therein serves the other parties with the same for them to file their respective responses and for all the parties to exchange written submissions. The application was also scheduled for mention on 16th February, 2022 for parties to confirm compliance and take a ruling date.
5. I have checked the e-filing portal and noted that there is an Affidavit of Service sworn on 14th February, 2022 filed but it is not clear whether or not the court’s order on directions with regard to the application dated 30th November, 2022 have been served.
6. I am therefore inclined to hold that all the applications be canvassed jointly, with the application dated 30th November, 2022 coming first.It is so ordered.
DIRECTIONS DELIVERED VIRTUALLY, DATED AND SIGNED AT NAIROBI THIS 17TH DAY OF FEBRUARY, 2023. D. O. CHEPKWONYJUDGEIn the presence of:M/S Mungai counsel for PlaintiffMr. Muiruri counsel for 1st Defendant/RespondentMr. Kiptoo counsel for the Intended Interested Party, Sammy Mwangi KamauCourt Assistant - Sakina