[2020] KEHC 5466 (KLR)
The court found that there was no evidence of service of its directions or the applicant's submissions upon the respondents. To uphold procedural fairness and ensure all parties have an opportunity to be heard, the court directed the applicant to serve the respondents with the application and submissions, and to...
Source-derived case information.
- Citation
- [2020] KEHC 5466 (KLR)
- Parties
- Applicant: Kenya Power & Lighting Company Ltd; Respondent: Rose Anyango; Respondent: Highrise Enterprises
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 29 of 2020
- Procedural Posture
- Miscellaneous Application / Interlocutory Directions
- Outcome
- interlocutory directions issued; no final determination
- Judges
- RE Aburili
- Legal Topics
- Service of Process, Affidavit of Service, Filing of Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Power & Lighting Company Ltd
Applicant
Rose Anyango
Respondent
Highrise Enterprises
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Directions
Legal Issues
- 1 Whether the respondents were properly served with the court's directions and the applicant's submissions.
- 2 What steps should be taken to ensure compliance with service requirements.
Ratio Decidendi
The court found that there was no evidence of service of its directions or the applicant's submissions upon the respondents. To uphold procedural fairness and ensure all parties have an opportunity to be heard, the court directed the applicant to serve the respondents with the application and submissions, and to file an affidavit of service. The respondents were granted five days from the date of proven service to file and serve their replying affidavit, grounds of opposition, and written submissions. The matter was set for mention to confirm compliance and to fix a ruling date. The court emphasized the importance of proper service and compliance with procedural requirements as a...
Court Disposition
interlocutory directions issued; no final determination
Orders
- The applicant to serve the respondents with the application and submissions and file an affidavit of service.
- The respondents are granted five days from the date of proven service to file and serve their replying affidavit, grounds of opposition, and written submissions.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CIVIL APPLICATION NO. 29 OF 2020
KENYA POWER & LIGHTING COMPANY LTD..............APPLICANT
VERSUS
ROSE ANYANGO..........................................................1ST RESPONDENT
HIGHRISE ENTERPRISES........................................2ND RESPONDENT
RULING
1. The court gave directions on 8/5/2020 for compliance by Parties but they were not served. The Applicant has nonetheless filed written submissions. There is no evidence of service upon the Respondents. I direct the Registry to serve parties with direction/orders issued by the court at any one given time and expeditiously without delay.
2. In the meantime, the Applicant having filed the submissions, they are directed to serve upon the Respondent and file an affidavit of service into court showing that:
1) The Respondent is served with the application.
2) The Respondent is served with submissions.
3. The Respondent is granted 5 days of the date of proven service to file and serve both Replying affidavit and grounds of opposition for the application, and written submissions. Mention on 8/6/2020 to confirm compliance and to fix a ruling date.
4. Orders accordingly.
Dated, signed and delivered at Siaya this 27th day of May 2020.
R.E. ABURILI
JUDGE