[2021] KEHC 5516 (KLR)
The court found that the respondents had been duly served with the mention date as previously directed, but had not filed any response to the application. In the interests of justice and to preserve the subject matter of the appeal, the court exercised its discretion to extend the interim orders staying proceedings...
Source-derived case information.
- Citation
- [2021] KEHC 5516 (KLR)
- Parties
- Appellant: Matunda (Fruit) Bus Services Ltd; Appellant: David Obilu Onyundo; Respondent: Dennis Otieno Oriwo; Respondent: Marren Peter Orowo (Suing As Administrator And On Behalf Of The Estate Of Mercy Amondi Opiyo); Respondent: Kenya Power and Lighting Co. Ltd
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E010 of 2021
- Procedural Posture
- Civil Appeal / Directions on Application and Extension of Interim Orders
- Outcome
- Interim orders extended; application set for oral hearing.
- Judges
- RE Aburili
- Legal Topics
- Stay of Proceedings, Interim Orders, Appeal Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Matunda (Fruit) Bus Services Ltd
Appellant
David Obilu Onyundo
Appellant
Dennis Otieno Oriwo
Respondent
Marren Peter Orowo (Suing As Administrator And On Behalf Of The Estate Of Mercy Amondi Opiyo)
Respondent
Kenya Power and Lighting Co. Ltd
Respondent
Procedural Posture
Civil Appeal / Directions on Application and Extension of Interim Orders
Legal Issues
- 1 Whether interim orders staying proceedings and delivery of judgment in Bondo PMCC No. 88/2017 should be extended pending hearing of the application.
- 2 Whether the respondents were properly served with the mention date and application.
Ratio Decidendi
The court found that the respondents had been duly served with the mention date as previously directed, but had not filed any response to the application. In the interests of justice and to preserve the subject matter of the appeal, the court exercised its discretion to extend the interim orders staying proceedings and delivery of judgment in Bondo PMCC No. 88/2017 until the scheduled hearing date. The court further directed that the application be heard orally on the specified date and that notice be served forthwith on the respondents' counsel and the subordinate court.
Court Disposition
Interim orders extended; application set for oral hearing.
Orders
- The application dated 13/5/2021 shall be heard orally on 20/7/2021.
- The applicant to serve the respondent’s counsel forthwith with notice.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CIVIL APPEAL NO. E010 OF 2021
CORAM: R. E. ABURILI - J.
MATUNDA (FRUIT) BUS SERVICES LTD...........................................1ST APPELLANT
DAVID OBILU ONYUNDO.....................................................................2ND APPELLANT
VERSUS
DENNIS OTIENO ORIWO....................................................................1ST RESPONDENT
MARREN PETER OROWO (Suing As Administrator And On Behalf Of The Estate Of
MERCY AMONDI OPIYO....................................................................2ND RESPONDENT
KENYA POWER AND LIGHTING CO. LTD.....................................3RD RESPONDENT
(Appeal from the Ruling and Order of Hon. S. Mathenge, Resident Magistrate at Bondo in Bondo PMCC No. 88/2017 on 28/4/2021)
DIRECTIONS
1. The court record shows that the Respondents were served with today’s mention date as directed by F. Ochieng J on 18/5/202 but there is no response to the application dated 13/5/2021.
2. I hereby direct that the said application shall be heard on 20/7/2021 orally. The applicant to serve the Respondent’s counsel forthwith with Notice.
3. The interim orders staying proceedings and delivery of judgment in Bondo PMCC No. 88/2017 be and are hereby extended until 20/7/2021.
4. These orders to be served on the Respondent’s counsel and the subordinate court forthwith.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 6TH DAY OF JULY, 2021
R.E. ABURILI
JUDGE