[2024] KEHC 16290 (KLR)

[2024] KEHC 16290 (KLR)

The court found that the applicant had demonstrated sufficient cause for the reinstatement of the notice of motion dated 12.8.2024. The application was supported by affidavit evidence, and there was no indication of prejudice to the respondent at this stage. In the interests of justice and to ensure fair hearing,...

Source-derived case information.

Citation
[2024] KEHC 16290 (KLR)
Parties
Applicant: Mauwa & Company Associates; Respondent: Nicholas Otieno Ojwang
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Case E013 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Outcome
application allowed
Judges
MS Shariff
Legal Topics
Reinstatement of Application, Service of Process, Interlocutory Orders
Source Language
en
Civil Procedure Reinstatement of Application Service of Process Interlocutory Orders

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Parties

Mauwa & Company Associates

Applicant

Nicholas Otieno Ojwang

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the notice of motion dated 12.8.2024 should be reinstated.
  2. 2 Whether the respondent should be served and granted time to respond to the application.

Ratio Decidendi

The court found that the applicant had demonstrated sufficient cause for the reinstatement of the notice of motion dated 12.8.2024. The application was supported by affidavit evidence, and there was no indication of prejudice to the respondent at this stage. In the interests of justice and to ensure fair hearing, the court allowed the reinstatement, directed prompt service of the application upon the respondent, and set timelines for the respondent to file a response. The matter was scheduled for interpartes hearing, ensuring both parties would have an opportunity to be heard.

Court Disposition

application allowed

Orders

  • The notice of motion dated 12.8.2024 is reinstated.
  • The application shall be served upon the respondent within 2 days from the date of this ruling.