[2018] KEHC 4467 (KLR)
The court found that granting the review sought by the plaintiff/applicant would not adversely affect the respondent, as it merely allows Bondo PM CC 116/2016 to proceed to hearing and determination regardless of the pendency of the present suit. The court exercised its discretion to grant the review, emphasizing...
Source-derived case information.
- Citation
- [2018] KEHC 4467 (KLR)
- Parties
- Plaintiff: Kenyan Alliance Insurance Co. Ltd; Defendant: Rose Achieng Abdullah
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 1 of 2017
- Procedural Posture
- Civil Suit / Ruling on Review Application
- Outcome
- Application for review granted; prayer No. 2 of the application allowed; no order as to costs.
- Judges
- RE Aburili
- Legal Topics
- Review of Court Orders, Stay of Proceedings, Removal From Stayed Cases
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenyan Alliance Insurance Co. Ltd
Plaintiff
Rose Achieng Abdullah
Defendant
Procedural Posture
Civil Suit / Ruling on Review Application
Legal Issues
- 1 Whether the order for review adversely affects the respondent.
- 2 Whether Bondo PM CC 116/2016 should be removed from the list of stayed cases pending the hearing and determination of this suit.
Ratio Decidendi
The court found that granting the review sought by the plaintiff/applicant would not adversely affect the respondent, as it merely allows Bondo PM CC 116/2016 to proceed to hearing and determination regardless of the pendency of the present suit. The court exercised its discretion to grant the review, emphasizing that the respondent would not suffer prejudice and that the interests of justice favored allowing the subordinate court matter to proceed.
Court Disposition
Application for review granted; prayer No. 2 of the application allowed; no order as to costs.
Orders
- Prayer No. 2 of the application filed on 31.7.2018 is granted.
- No order as to costs.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CIVIL SUIT NO. 1 OF 2017
KENYAN ALLIANCE INSURANCE CO. LTD..... PLAINTIFF
VERSUS
ROSE ACHIENG ABDULLAH ...........................DEFENDANT
RULING:
I note that the application undated and filed on 31. 7.2018 does not adversely affect the Respondent. What the Plaintiff/Applicant seeks is a review of the order of 13. 12. 2016 to the effect that Bondo P.M. C.C. 116/2016 be removed from the list of cases which had been stayed pending hearing and determination of this suit.
In my view, the order for review does not adversely affect the Respondent as it is intended to allow Bondo PM CC 116/2016 to proceed to hearing and determination notwithstanding the pendence of this suit.
Accordingly, I grant prayer No. 2 of the Application filed on 31. 7.2018 with no orders for costs.
Dated, signed and Delivered at Siaya this 28th day of August, 2018.
R. ABURILI
JUDGE