[2023] KEHC 19320 (KLR)
The court found that since no pleadings were filed or traceable in the court record, there was nothing before the court to consider on merit. As a result, the court could not proceed with the matter and ordered the closure of the file.
Source-derived case information.
- Citation
- [2023] KEHC 19320 (KLR)
- Parties
- Applicant: Geoffrey Ochieng Ngolo alias Onyisi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E106 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- Application closed due to absence of pleadings.
- Judges
- RE Aburili
- Legal Topics
- Criminal Procedure, Pleadings Absence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Ochieng Ngolo alias Onyisi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the application could be considered on merit in the absence of filed pleadings.
Ratio Decidendi
The court found that since no pleadings were filed or traceable in the court record, there was nothing before the court to consider on merit. As a result, the court could not proceed with the matter and ordered the closure of the file.
Court Disposition
Application closed due to absence of pleadings.
Orders
- The file is hereby closed.
Full Case Text
Judgment text and source record
18 paragraphs
Ngolo alias Onyisi v Republic (Miscellaneous Criminal Application E106 of 2022) [2023] KEHC 19320 (KLR) (26 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19320 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E106 of 2022
RE Aburili, J
June 26, 2023
Between
Geoffrey Ochieng Ngolo alias Onyisi
Applicant
and
Republic
Respondent
Ruling
1. The CTS records show that this matter was initiated in court on 12th October 2022. However, no pleadings were filed and neither could they be traced for consideration on merit.
2. For the above reasons, I hereby close this file.
3. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF JUNE, 2023R. E. ABURILIJUDGE