[2021] KEHC 7942 (KLR)
The court found that while the application was urgent and merited certification as such, the nature of the reliefs sought—particularly the mandatory injunction compelling release of funds—was not suitable for ex parte determination. The court held that such substantive orders should only be considered after both...
Source-derived case information.
- Citation
- [2021] KEHC 7942 (KLR)
- Parties
- Applicant: Nzoia Outgrowers Co. Ltd; Respondent: Nzoia Sugar Co. Ltd
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Suit E007 of 2021
- Procedural Posture
- Civil Suit / Ruling on Ex Parte Application for Interim Orders and Leave to Be Heard During Recess
- Outcome
- Interim reliefs declined; application certified urgent and set for interpartes hearing.
- Judges
- RE Aburili
- Legal Topics
- Interim Injunctions, Mandatory Injunctions, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nzoia Outgrowers Co. Ltd
Applicant
Nzoia Sugar Co. Ltd
Respondent
Procedural Posture
Civil Suit / Ruling on Ex Parte Application for Interim Orders and Leave to Be Heard During Recess
Legal Issues
- 1 Whether the applicant should be granted leave to be heard during the court recess.
- 2 Whether the application is urgent and should be certified as such.
- 3 Whether interim or mandatory injunctions should be granted ex parte pending interpartes hearing.
Ratio Decidendi
The court found that while the application was urgent and merited certification as such, the nature of the reliefs sought—particularly the mandatory injunction compelling release of funds—was not suitable for ex parte determination. The court held that such substantive orders should only be considered after both parties have been heard. Accordingly, the court declined to grant any interim or mandatory reliefs at the ex parte stage and directed that the application be served and heard interpartes on a specified date.
Court Disposition
Interim reliefs declined; application certified urgent and set for interpartes hearing.
Orders
- Leave granted to the applicant to be heard during the recess.
- Application certified as urgent.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CIVIL SUIT NO. E007 OF 2021
ORIGINATING FROM
BUNGOMA HIGH COURT CIVIL CASE NO. 1 OF 2021
NZOIA OUTGROWERS CO. LTD.............................APPLICANT/PLAINTIFF
VERSUS
NZOIA SUGAR CO. LTD.....................................DEFENDANT/RESPONDENT
RULING
1. I have considered the application dated 31st March, 2021 by the Plaintiff/Applicant’s counsel for leave to be heard during the recess. I grant leave to the applicant to be heard during the recess.
2. On the application for interim orders pending interpartes hearing, I am satisfied that the application is urgent. I certify it as urgent. I direct the applicant’s counsel to serve the Respondents for interpartes consideration on 7/4/2021.
3. On whether I should grant any temporary reliefs, I observe that Prayer No. (d) is in the nature of a mandatory injunction compelling release of the 10% capital levy deducted from farmers’ cane proceeds. I am not persuaded that such an order can issue exparte at this stage. I direct that the Prayer be considered interpartes.
4. On the Prayer (c) for restraining the Respondent from withholding capital levy deducted from the farmers’ cane proceeds pending the hearing and determination of the application, I observe that this is a matter which can fully be canvassed at the interpartes stage by both parties before an interim relief can issue.
5. In the premises, I decline to issue any interim reliefs and direct that all prayers sought be considered interpartes on 7/4/2020 before Hon. Riechi J.
6. These proceedings and Ruling be typed forthwith and transmitted to the Deputy Registrar, Bungoma High Court forthwith.
7. This file is closed.
8. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 1ST DAY OF APRIL 2021
R.E. ABURILI
JUDGE