[2023] KEHC 19318 (KLR)
The court found that since no pleadings were filed in the matter, there was nothing before the court to determine on merit. Consequently, the file could not be processed further and was ordered closed.
Source-derived case information.
- Citation
- [2023] KEHC 19318 (KLR)
- Parties
- Applicant: Josephat Ngota; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E110 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on File Status
- Outcome
- file closed for want of pleadings
- Judges
- RE Aburili
- Legal Topics
- Case Initiation, Pleadings Absent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josephat Ngota
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on File Status
Legal Issues
- 1 Whether the court can proceed to determine the application in the absence of filed pleadings.
Ratio Decidendi
The court found that since no pleadings were filed in the matter, there was nothing before the court to determine on merit. Consequently, the file could not be processed further and was ordered closed.
Court Disposition
file closed for want of pleadings
Orders
- The file is hereby closed.
Full Case Text
Judgment text and source record
18 paragraphs
Ngota v Republic (Miscellaneous Criminal Application E110 of 2022) [2023] KEHC 19318 (KLR) (26 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19318 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E110 of 2022
RE Aburili, J
June 26, 2023
Between
Josephat Ngota
Applicant
and
Republic
Respondent
Ruling
1. This file was opened on October 12, 2022 according to the CTS. However, no pleadings were filed and therefore the same could not be retrieved for a merit determination.
2. Accordingly, this file is hereby closed.
3. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF JUNE, 2023R. E. ABURILIJUDGE