[2023] KEHC 19471 (KLR)
The court found that no pleadings had been filed by either party since the matter was opened, and therefore, there was nothing before the court to consider or determine on merit. As a result, the court ordered the closure of the file.
Source-derived case information.
- Citation
- [2023] KEHC 19471 (KLR)
- Parties
- Applicant: Eliud Oswagu Oudu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E129 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- File closed due to absence of pleadings.
- Judges
- RE Aburili
- Legal Topics
- Criminal Procedure, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eliud Oswagu Oudu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether there were pleadings filed to warrant a merit determination in the application.
Ratio Decidendi
The court found that no pleadings had been filed by either party since the matter was opened, and therefore, there was nothing before the court to consider or determine on merit. As a result, the court ordered the closure of the file.
Court Disposition
File closed due to absence of pleadings.
Orders
- The file is hereby closed.
Full Case Text
Judgment text and source record
18 paragraphs
Oudu v Republic (Miscellaneous Criminal Application E129 of 2022) [2023] KEHC 19471 (KLR) (26 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19471 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E129 of 2022
RE Aburili, J
June 26, 2023
Between
Eliud Oswagu Oudu
Applicant
and
Republic
Respondent
Ruling
1. The CTS shows that this matter was opened on 15th December 2022. However, no pleadings were filed for consideration and neither could they 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