[2025] KEHC 1931 (KLR)
The court found that the Plaintiff's application, though unopposed, was defective because it failed to seek substantive reliefs beyond interim or ex-parte orders. The orders sought could only be granted pending consideration of substantive prayers, which were absent from the application. As a result, the application...
Source-derived case information.
- Citation
- [2025] KEHC 1931 (KLR)
- Parties
- Plaintiff: Francis Odhiambo Owino; Defendant: The Monarch Insurance Company Limited
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case E042 of 2024
- Procedural Posture
- Civil Case / Ruling on Notice of Motion
- Outcome
- application struck out
- Judges
- JM Nang'ea
- Legal Topics
- Striking Out Application, Unopposed Application, Defective Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Odhiambo Owino
Plaintiff
The Monarch Insurance Company Limited
Defendant
Procedural Posture
Civil Case / Ruling on Notice of Motion
Legal Issues
- 1 Whether the Plaintiff's Notice of Motion is competent and seeks substantive reliefs.
- 2 Whether the application should be struck out for being defective.
Ratio Decidendi
The court found that the Plaintiff's application, though unopposed, was defective because it failed to seek substantive reliefs beyond interim or ex-parte orders. The orders sought could only be granted pending consideration of substantive prayers, which were absent from the application. As a result, the application was struck out for being incompetent, with no order as to costs.
Court Disposition
application struck out
Orders
- The Plaintiff's Notice of Motion dated 18th November 2024 is struck out.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Owino v Monarch Insurance Company Limited (Civil Case E042 of 2024) [2025] KEHC 1931 (KLR) (26 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1931 (KLR)
Republic of Kenya
In the High Court at Nakuru
Civil Case E042 of 2024
JM Nang'ea, J
February 26, 2025
Between
Francis Odhiambo Owino
Plaintiff
and
The Monarch Insurance Company Limited
Defendant
Ruling
1. The Plaintiff brings a Notice of Motion dated 18th November 2024 for reliefs as hereunder;a.Spent.b.Spent.c.Spentd.Spente.Thatthe costs of the application be provided for.
2. The application is predicated upon grounds set out thereon and the Plaintiff’s Affidavit in support. The application was orally amended on 29th January 2025 to include an additional prayer to wit; that the Defendant/Respondent be directed to settle the decretal sum and the costs of the suit.
3. The Motion is deemed as unopposed as the Defendant/Respondent has not put in a reply.
4. Although the application is unopposed, the same is found defective. No substantive reliefs are prayed for after the court grants the above stated orders. The orders the Plaintiff’s craves could only have been ex-parte pending consideration of other substantive prayers which are not stated.
5. The application is therefore struck out with no order as to costs.
J. M. NANG’EA, JUDGE.RULING DELIVERED THIS 26TH DAY OF FEBRUARY, 2025 IN THE PRESENCE OF:Mr. Ojera Advocate for Mr. Owino Advocate for the PlaintiffDefendant, AbsentInterested Party, AbsentCourt Assistant (Jennifer)J. M. NANG’EA, JUDGE.