[2024] KEHC 7869 (KLR)
The court declined to certify the application as urgent due to lack of evidence of commercial execution processes. The court further directed the applicant to upload legible annexures within one day, emphasizing the necessity for proper and complete documentation in interlocutory applications. The matter was set for...
Source-derived case information.
- Citation
- [2024] KEHC 7869 (KLR)
- Parties
- Appellant: Harold Ocholla; Respondent: Mark Ian Sidandi Ogoto
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E132 of 2024
- Procedural Posture
- Civil Appeal / Ruling on Interlocutory Application
- Outcome
- Application not certified as urgent; directions issued for filing and service.
- Judges
- MS Shariff
- Legal Topics
- Urgency Certification, Filing of Annexures, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harold Ocholla
Appellant
Mark Ian Sidandi Ogoto
Respondent
Procedural Posture
Civil Appeal / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the application should be certified as urgent.
- 2 Whether the applicant has complied with requirements for filing legible annexures.
- 3 Whether directions should be issued for service and mention.
Ratio Decidendi
The court declined to certify the application as urgent due to lack of evidence of commercial execution processes. The court further directed the applicant to upload legible annexures within one day, emphasizing the necessity for proper and complete documentation in interlocutory applications. The matter was set for mention for directions after service, reflecting the court's adherence to procedural requirements and fair hearing principles.
Court Disposition
Application not certified as urgent; directions issued for filing and service.
Orders
- The application is not certified as urgent.
- The applicant is directed to upload legible annexures within 1 day from the date of the ruling.
Full Case Text
Judgment text and source record
16 paragraphs
Ocholla v Ogoto (Civil Appeal E132 of 2024) [2024] KEHC 7869 (KLR) (3 July 2024) (Ruling)
Neutral citation: [2024] KEHC 7869 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal E132 of 2024
MS Shariff, J
July 3, 2024
Between
Harold Ocholla
Appellant
and
Mark Ian Sidandi Ogoto
Respondent
Ruling
1. I have considered the appellant’s notice of motion dated 20. 6.2024, the certificate of urgency issued by Dr. Miyawa Maxwel Esquire advocate on even date, the supporting affidavit sworn by Harold Ocholla on the same date and the annexures thereto, which annexures are hardly legible and I do make the following orders:1. Given that there is no evidence of commercial execution processes this application is not certified as urgent.2. The applicant is directed to upload legible annexures to his application herein within 1 day from the date herein.3. The application be served and the same be mentioned for directions on 10th July, 2024.
DATED, DELIVERED AND SIGNED THIS 3RDDAY OF JULY, 2024. M. S. SHARIFFJUDGE