[2014] KEHC 1411 (KLR)

[2014] KEHC 1411 (KLR)

The court reaffirmed its earlier directions that the proceedings between 28th October 2009 and 22nd November 2012 must be typed to ensure continuity and fairness in the hearing of the part-heard suit. The matter is to proceed from where Rawal J left off, and a mention date will be fixed for further directions. The...

Source-derived case information.

Citation
[2014] KEHC 1411 (KLR)
Parties
Appellant: Lucy Nyaguthii Muhoro; Respondent: George Stephen Chege Muhoro; Respondent: Joseph Kamau Muhoro
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Civil Case 32 of 2005
Procedural Posture
Civil Case / Interlocutory Directions; Part Heard Suit
Outcome
Directions given for case management; no final determination on merits.
Judges
DN Musyoka
Legal Topics
Case Management, Hearing Directions, Typed Proceedings
Source Language
en
Civil Procedure Case Management Hearing Directions Typed Proceedings

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Lucy Nyaguthii Muhoro

Appellant

George Stephen Chege Muhoro

Respondent

Joseph Kamau Muhoro

Respondent

Procedural Posture

Civil Case / Interlocutory Directions; Part Heard Suit

Legal Issues

  1. 1 Whether the proceedings between 28th October 2009 and 22nd November 2012 should be typed before the matter proceeds.
  2. 2 Whether the case should proceed from where the previous judge left off.

Ratio Decidendi

The court reaffirmed its earlier directions that the proceedings between 28th October 2009 and 22nd November 2012 must be typed to ensure continuity and fairness in the hearing of the part-heard suit. The matter is to proceed from where Rawal J left off, and a mention date will be fixed for further directions. The Deputy Registrar is ordered to facilitate the typing of the relevant proceedings. These directions are necessary for the efficient management and expeditious disposal of the case, in accordance with the court's inherent powers and the Civil Procedure Rules.

Court Disposition

Directions given for case management; no final determination on merits.

Orders

  • The directions made on 15th May 2014 are reiterated.
  • The matter shall be given dates for hearing on a mention date to be fixed.