[2024] KEHC 6576 (KLR)
The court found that since the application was not presented under a certificate of urgency, it should proceed in the ordinary course. Directions were issued for service of the application, timelines for filing responses and submissions by both parties, and a mention date was set to confirm compliance. The court did...
Source-derived case information.
- Citation
- [2024] KEHC 6576 (KLR)
- Parties
- Applicant: Harry Magui; Respondent: Hicken Basket Food Services
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Commercial Arbitration Cause E011 of 2024
- Procedural Posture
- Commercial Arbitration Cause / Interlocutory Directions on Chamber Summons
- Outcome
- Interlocutory directions issued; no substantive determination on merits.
- Judges
- MS Shariff
- Legal Topics
- Arbitration Procedure, Service of Process, Filing of Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harry Magui
Applicant
Hicken Basket Food Services
Respondent
Procedural Posture
Commercial Arbitration Cause / Interlocutory Directions on Chamber Summons
Legal Issues
- 1 Whether the applicant's chamber summons should be considered urgent in the absence of a certificate of urgency.
- 2 What directions should be given regarding service and filing of responses and submissions.
Ratio Decidendi
The court found that since the application was not presented under a certificate of urgency, it should proceed in the ordinary course. Directions were issued for service of the application, timelines for filing responses and submissions by both parties, and a mention date was set to confirm compliance. The court did not make any determination on the merits of the application at this stage.
Court Disposition
Interlocutory directions issued; no substantive determination on merits.
Orders
- The application to be served on the respondent within 14 days from the date of the ruling.
- The applicant to file submissions within 21 days from the date of the ruling.
Full Case Text
Judgment text and source record
16 paragraphs
Magui v Hicken Basket Food Services (Commercial Arbitration Cause E011 of 2024) [2024] KEHC 6576 (KLR) (4 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6576 (KLR)
Republic of Kenya
In the High Court at Kisumu
Commercial Arbitration Cause E011 of 2024
MS Shariff, J
June 4, 2024
Between
Harry Magui
Applicant
and
Hicken Basket Food Services
Respondent
Ruling
1. I have perused the Applicant’s chamber summons dated 23rd April 2024 and the affidavit in support thereof sworn on even date by Harry Magui and I do note that the same was not presented before this court under a certificate of urgency wherefore I do hereby make the following directions:-a.This application be served and the Respondent to file its response thereto within 14 days from the date hereof.b.The Applicant to file his submissions within 21 days from the date hereof and the Respondent to do so within 28 days from the date hereof.c.Mention on 17. 7.2024 to confirm compliance.
DATED, SIGNED AND DELIVERED THIS 4THDAY OF JUNE, 2024. M. S. SHARIFFJUDGE