[2021] KEHC 4461 (KLR)
The court was satisfied, based on the affidavit of service, that the respondent was duly served with the application and mention notices. In the absence of any response or appearance by the respondent, and there being no evidence to the contrary, the court found it appropriate to grant the substantive prayers sought...
Source-derived case information.
- Citation
- [2021] KEHC 4461 (KLR)
- Parties
- Applicant: Kihang’a & Company Advocates; Respondent: Xplico Insurance Company Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 28 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application
- Outcome
- Application allowed as prayed in prayers 2, 3, 4, 5 and 6.
- Judges
- WA Okwany
- Legal Topics
- Advocate Client Costs, Service of Process, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kihang’a & Company Advocates
Applicant
Xplico Insurance Company Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application
Legal Issues
- 1 Whether the respondent was duly served with the application and mention notices.
- 2 Whether the applicant is entitled to the orders sought in prayers 2, 3, 4, 5 and 6 of the application.
Ratio Decidendi
The court was satisfied, based on the affidavit of service, that the respondent was duly served with the application and mention notices. In the absence of any response or appearance by the respondent, and there being no evidence to the contrary, the court found it appropriate to grant the substantive prayers sought by the applicant. The court thus allowed prayers 2, 3, 4, 5 and 6 of the application as prayed.
Court Disposition
Application allowed as prayed in prayers 2, 3, 4, 5 and 6.
Orders
- Prayers 2, 3, 4, 5 and 6 of the application dated 27th July 2021 are allowed as prayed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
COMMERCIAL AND TAX DIVISION
MISCELLANEOUS APPLICATION NO. 28 OF 2018
KIHANG’A & COMPANY ADVOCATES...........................APPLICANT
VERSUS
XPLICO INSURANCE COMPANY LTD.......................RESPONDENT
RULING
1. I have considered the affidavit of service dated 4th August 2021 and I am satisfied that the application dated 27th July 2021 together with the mention notices dated 3rd august 2021 were duly served on the respondent herein.
2. Consequently, I allow prayers No. 2, 3, 4, 5 and 6 of the application as prayed.
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS AT NAIROBI THIS 11TH DAY OF AUGUST 2021
in view of the declaration of measures restricting court operations due to Covid-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on the 17th April 2020.
W. A. OKWANY
JUDGE
In the presence of:
Mr. Kihang’a for the Applicant
Court Assistant: Sylvia.