[2024] KEHC 11306 (KLR)
The court found that the applicant had not demonstrated sufficient urgency to warrant certification of the application as urgent. Consequently, the court declined to grant urgent hearing and directed that the respondent be served with the application for interpartes directions. The matter was set for directions on a...
Source-derived case information.
- Citation
- [2024] KEHC 11306 (KLR)
- Parties
- Applicant: Gordon Ondiek Owuor; Respondent: Julita Atieno Ouko
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application E023 of 2024
- Procedural Posture
- Miscellaneous Application / Directions
- Outcome
- Application not certified as urgent; directions issued for service and interpartes hearing.
- Judges
- RE Aburili
- Legal Topics
- Urgency Certification, Service of Process, Interpartes Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gordon Ondiek Owuor
Applicant
Julita Atieno Ouko
Respondent
Procedural Posture
Miscellaneous Application / Directions
Legal Issues
- 1 Whether the application should be certified as urgent.
- 2 What directions should be given regarding service and hearing of the application.
Ratio Decidendi
The court found that the applicant had not demonstrated sufficient urgency to warrant certification of the application as urgent. Consequently, the court declined to grant urgent hearing and directed that the respondent be served with the application for interpartes directions. The matter was set for directions on a specified future date, ensuring compliance with procedural requirements for service and fair hearing.
Court Disposition
Application not certified as urgent; directions issued for service and interpartes hearing.
Orders
- The application is not certified as urgent.
- The applicant is directed to serve the respondent with the application for interpartes directions on 24th October 2024.
Full Case Text
Judgment text and source record
19 paragraphs
Owuor v Ouko (Civil Miscellaneous Application E023 of 2024) [2024] KEHC 11306 (KLR) (26 September 2024) (Directions)
Neutral citation: [2024] KEHC 11306 (KLR)
Republic of Kenya
In the High Court at Siaya
Civil Miscellaneous Application E023 of 2024
RE Aburili, J
September 26, 2024
Between
Gordon Ondiek Owuor
Applicant
and
Julita Atieno Ouko
Respondent
Directions
1. I have considered the Notice of Motion, grounds, supporting affidavit and annextures all filed under certificate of urgency dated 25th September 2024.
2. I find no urgency involved. I decline to certify the matter as urgent and direct the Applicant to serve the Respondent with the application for interpartes directions on 24th October 2024.
3. These directions to be served upon the Applicant’s counsel forthwith for compliance.
4. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 26TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE