[2024] KEHC 15876 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the reinstatement of the notice of motion dated 12.8.2024. The court exercised its discretion in favour of the applicant, holding that the interests of justice would be served by allowing the application to proceed to interpartes hearing. The...
Source-derived case information.
- Citation
- [2024] KEHC 15876 (KLR)
- Parties
- Applicant: Mauwa & Co Associates; Respondent: Jared Ochor
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case E012 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- Application allowed; notice of motion reinstated and directions given for service and hearing.
- Judges
- MS Shariff
- Legal Topics
- Reinstatement of Application, Service of Process, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mauwa & Co Associates
Applicant
Jared Ochor
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the notice of motion dated 12.8.2024 should be reinstated.
- 2 Whether the respondent should be served and granted time to respond.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the reinstatement of the notice of motion dated 12.8.2024. The court exercised its discretion in favour of the applicant, holding that the interests of justice would be served by allowing the application to proceed to interpartes hearing. The court further directed that the respondent be served within two days and be given an opportunity to respond within fourteen days, ensuring procedural fairness and compliance with the rules of natural justice.
Court Disposition
Application allowed; notice of motion reinstated and directions given for service and hearing.
Orders
- The notice of motion dated 12.8.2024 is reinstated.
- The application to be served upon the respondent within 2 days from the date hereof.
Full Case Text
Judgment text and source record
19 paragraphs
Mauwa & Co Associates v Ochor (Miscellaneous Case E012 of 2024) [2024] KEHC 15876 (KLR) (17 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15876 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Case E012 of 2024
MS Shariff, J
December 17, 2024
Between
Mauwa & Co Associates
Applicant
and
Jared Ochor
Respondent
Ruling
1. Upon considering the notice of motion dated 5. 11. 2024, the supporting affidavit sworn on even date by Alex Oyugi Obonyo and the enclosures thereto I do hereby find that the application is well merited and I do hereby allow it and make the following orders:-1. The notice of motion dated 12. 8.2024 is hereby reinstated.
2. The application be served upon the Respondent within 2 days from the date hereof and the Respondent is directed to file a response within 14 days from the date hereof.
3. Interpartes hearing on 5. 3.2025.
4. Notice to issue accordingly to the Respondent.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 17TH DAY OF DECEMBER, 2024. M. S. SHARIFFJUDGE