[2019] KEHC 4578 (KLR)
The court held that the application for summary judgment dated 18th February 1999 was not properly before the court for ruling as it had not been scheduled for hearing on the date in question. The only application that was to be heard on 8th May 2019 was the application by Ms Ledisha J. K Kittony & Company Advocates...
Source-derived case information.
- Citation
- [2019] KEHC 4578 (KLR)
- Parties
- Plaintiff: National Bank (K) Ltd; Defendant: Moses Kipkemboi Kiprono; Defendant: Nelson Kiptum Koech
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Case 219 of 1997
- Procedural Posture
- Civil Case / Ruling on Application to Cease Acting and Summary Judgment Application Scheduling
- Outcome
- No substantive orders granted; summary judgment application not determined.
- Judges
- AM Githinji
- Legal Topics
- Application to Cease Acting, Summary Judgment, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
National Bank (K) Ltd
Plaintiff
Moses Kipkemboi Kiprono
Defendant
Nelson Kiptum Koech
Defendant
Procedural Posture
Civil Case / Ruling on Application to Cease Acting and Summary Judgment Application Scheduling
Legal Issues
- 1 Whether the application by Ms Ledisha J. K Kittony & Company Advocates to cease acting for the 2nd defendant should be heard before other pending applications.
- 2 Whether the application for summary judgment dated 18th February 1999 was properly before the court for ruling.
Ratio Decidendi
The court held that the application for summary judgment dated 18th February 1999 was not properly before the court for ruling as it had not been scheduled for hearing on the date in question. The only application that was to be heard on 8th May 2019 was the application by Ms Ledisha J. K Kittony & Company Advocates to cease acting for the 2nd defendant, which itself had not been properly served. Therefore, the court could not deliver a ruling on the summary judgment application and directed that a hearing date for that application must be taken first. The court emphasized the necessity of proper service and scheduling before any application can be determined.
Court Disposition
No substantive orders granted; summary judgment application not determined.
Orders
- A hearing date for the application dated 18th February 1999 (summary judgment) must be taken before a ruling can be delivered.
- The application dated 23rd March 2018 (to cease acting) was the only matter to be dealt with on 8th May 2019.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
CIVIL CASE NO. 219 OF 1997
NATIONAL BANK (K) LTD...................................PLAINTIFF
VERSUS
MOSES KIPKEMBOI KIPRONO..............1ST DEFENDANT
NELSON KIPTUM KOECH........................2ND DEFENDANT
RULING
Ms Ledisha J. K Kittony and Company Advocates filed an application dated 23rd March 2018, to cease acting for the 2nd defendant. On 4th July, 2018 the court gave directions that this application be heard first. However the said application was not served upon the 2nd defendant and the court directed that he be served for its hearing. On 13th March, 2019 the court gave the hearing date of hearing of that application on 8th May, 2019. However on 8th May 2019 only Mr. Omwenga for the plaintiff was present. He indicated that the date was taken by consent between him and Ms Kipsei the Advocate for the 2nd defendant. He had served the advocate for the 1st defendant. He prayed for a ruling date to his application dated 18th February 1999. The said application seeks summary judgment. I do find that the prayer was prematurely made as on 8th May 2019 was for hearing of the application dated 23rd March, 2018 by Ms. Ledisha J.K Kittony and Company advocates to cease acting for the 2nd defendant and not for the application dated 18th February 1999 which had no hearing date. The ruling in respect of the said application cannot therefore be written now and delivered. A hearing date in respect of the same need be taken first. What needed to have been dealt with then is application dated 23rd March 2018.
S. M GITHINJI
JUDGE
DATED, SIGNED and DELIVERED at ELDORET this 25th day of June, 2019.
In the presence of:-
Mr. Mathai holding brief for Mr. Omwenga for Plaintiff/Respondent
And in absence of Ms Ledisha for defendant/Applicant
Ms Sarah - Court clerk