[2024] KEHC 8171 (KLR)
The court found that the notice of withdrawal filed by the applicant was not effective because it was neither endorsed by the court nor made by consent of the parties. Consequently, the application remains pending, and the court issued directions for service, filing of responses, and further affidavits or...
Source-derived case information.
- Citation
- [2024] KEHC 8171 (KLR)
- Parties
- Applicant: Benard Omondi Odhiambo; Applicant: Dickens Omondi Ogutu; Applicant: Vincent Owino Lumumba t/a Bedvin Investments; Respondent: The Chairman Board of Management Ahero Girls Secondary School
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E001 of 2021
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Preliminary Application and Directions
- Outcome
- Directions issued for service, responses, and further filings; application not certified as urgent.
- Judges
- MS Shariff
- Legal Topics
- Withdrawal of Application, Service of Process, Filing of Affidavits, Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Benard Omondi Odhiambo
Applicant
Dickens Omondi Ogutu
Applicant
Vincent Owino Lumumba t/a Bedvin Investments
Applicant
The Chairman Board of Management Ahero Girls Secondary School
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Preliminary Application and Directions
Legal Issues
- 1 Whether the notice of withdrawal filed by the applicant was valid without court endorsement or consent of the parties.
- 2 What directions should be issued regarding service, responses, and further filings in the application.
Ratio Decidendi
The court found that the notice of withdrawal filed by the applicant was not effective because it was neither endorsed by the court nor made by consent of the parties. Consequently, the application remains pending, and the court issued directions for service, filing of responses, and further affidavits or submissions. The court also set a mention date to confirm compliance with these directions.
Court Disposition
Directions issued for service, responses, and further filings; application not certified as urgent.
Orders
- This application is not certified as urgent.
- The application to be served within 2 days from the date hereof.
Full Case Text
Judgment text and source record
21 paragraphs
Odhiambo & 2 others v The Chairman Board of Management Ahero Girls Secondary School (Miscellaneous Civil Application E001 of 2021) [2024] KEHC 8171 (KLR) (9 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8171 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E001 of 2021
MS Shariff, J
July 9, 2024
Between
Benard Omondi Odhiambo
1st Applicant
Dickens Omondi Ogutu
2nd Applicant
Vincent Owino Lumumba t/a Bedvin Investments
3rd Applicant
and
The Chairman Board of Management Ahero Girls Secondary School
Respondent
Ruling
1. I have perused the Applicant’s notice of motion dated 4/7/2024 and the supporting affidavit of Nannungi Mariat sworn on even date and I do note that the notice of withdrawal was never endorsed by this court and the same was not a consent of the parties.
2. Due to the above reasons I make the following orders:-1. This application is not certified as urgent.2. The same be served within 2 days from the date hereof.3. The Respondent to file a response within 7 days from the date of service.4. Applicant to file and serve a further affidavit, if need be and submissions within 20 days from the date hereof.5. Respondent to file its submissions within 29 days from the date hereof.6. Mention on 8/8/2024 to confirm compliance.
DELIVERED, DATED AND SIGNED AT KISUMU THIS 9TH DAY OF JULY 2024. M. S. SHARIFFJUDGE