[2020] KEHC 3325 (KLR)
The court found that the applicant demonstrated sufficient urgency to warrant leave to be heard during the court recess and for the application to be certified as urgent and considered ex parte in the first instance. However, the court declined to grant interim injunctive relief because the Notice of Sale issued to...
Source-derived case information.
- Citation
- [2020] KEHC 3325 (KLR)
- Parties
- Applicant: Le Savanna County Lodge Hotel; Respondent: Diamond Trust Bank Kenya Ltd
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Case 9 of 2020
- Procedural Posture
- Civil Case / Ruling on Urgent Application and Directions for Hearing
- Outcome
- Application certified urgent; leave granted to be heard during recess; no interim relief granted; directions for inter partes mention.
- Legal Topics
- Urgent Applications, Interlocutory Injunctions, Exparte Hearings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Le Savanna County Lodge Hotel
Applicant
Diamond Trust Bank Kenya Ltd
Respondent
Procedural Posture
Civil Case / Ruling on Urgent Application and Directions for Hearing
Legal Issues
- 1 Whether the applicant should be granted leave to be heard during the court recess.
- 2 Whether the application dated 2.9.2020 should be certified as urgent and considered ex parte in the first instance.
- 3 Whether interim relief by way of injunction should be granted pending inter partes hearing.
Ratio Decidendi
The court found that the applicant demonstrated sufficient urgency to warrant leave to be heard during the court recess and for the application to be certified as urgent and considered ex parte in the first instance. However, the court declined to grant interim injunctive relief because the Notice of Sale issued to the applicant provided a 40-day period from the date of service, affording the applicant adequate time to seek further relief. The court therefore directed the applicant to serve the respondent and set the matter for inter partes mention for directions before the duty judge, ensuring procedural fairness and adherence to the rules of natural justice.
Court Disposition
Application certified urgent; leave granted to be heard during recess; no interim relief granted; directions for inter partes mention.
Orders
- Leave granted for the applicant to be heard during the court recess.
- Application dated 2.9.2020 certified as urgent for ex parte consideration.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
KISUMU HIGH COURT CIVIL CASE NO. 9 OF 2020
LE SAVANNA COUNTY LODGE HOTEL ………........ PLAINTIFF/APPLICANT
VERSUS
DIAMOND TRUST BANK KENYA LTD ………….DEFENDANT/RESPONDENT
RULING
1. I have considered the applicant plaintiff’s application seeking leave to be heard during the Recess. I have also read the certificate of urgency and grounds. I am satisfied that the applicant deserves to be heard during the Recess. I grant leave to the applicant to be heard during the recess.
2. On the substantive application dated 2. 9.2020, I have perused the prayers therein, the grounds and affidavit in support thereof together with the annextures. I am satisfied that the application deserves to be considered exparte in the first instance owing to its urgency as disclosed in the certificate of urgency signed by S.M. Onyango Advocate.
3. Accordingly, I certify the application dated 2. 9.2020 as urgent for expeditious consideration. On the prayers for injunction, I hereby direct the applicant herein to forthwith serve the Respondent’s Counsel with the application for interpartes mention for directions before the duty judge at Kisumu on 7. 9.2020.
4. I find no reason to grant any interim relief as the Notice of Sale issued on 27. 8.2020 gives the applicant 40 days from dated of service of the Notice.
Orders accordingly.
Dated, Signed and Delivered at Siaya this 3rd Day of September, 2020
R.E. ABURILI
RECESS DUTY JUDGE