[2024] KEHC 7870 (KLR)
The court declined to certify the application as urgent because the Plaintiff did not seek interim relief but only final orders, which cannot be granted at the first instance without hearing the Defendant. The court directed that the application be served upon the Defendant within two days, the Defendant to respond...
Source-derived case information.
- Citation
- [2024] KEHC 7870 (KLR)
- Parties
- Plaintiff: Surjit Singh Pandhal; Defendant: African Banking Corporation Ltd
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Case E011 of 2024
- Procedural Posture
- Civil Case / Ruling on Certification of Urgency and Interim Orders
- Outcome
- Application not certified as urgent; directions issued for service, response, and mention.
- Judges
- MS Shariff
- Legal Topics
- Interim Orders, Certification of Urgency, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Surjit Singh Pandhal
Plaintiff
African Banking Corporation Ltd
Defendant
Procedural Posture
Civil Case / Ruling on Certification of Urgency and Interim Orders
Legal Issues
- 1 Whether the application should be certified as urgent.
- 2 Whether interim or final orders can be granted at this stage.
- 3 What directions should be issued regarding service and response timelines.
Ratio Decidendi
The court declined to certify the application as urgent because the Plaintiff did not seek interim relief but only final orders, which cannot be granted at the first instance without hearing the Defendant. The court directed that the application be served upon the Defendant within two days, the Defendant to respond within seven days, and that status quo be maintained in the interim. The matter was set for mention for further directions.
Court Disposition
Application not certified as urgent; directions issued for service, response, and mention.
Orders
- This application is not certified as urgent.
- The application to be served upon the Defendant within 2 days from the date hereof.
Full Case Text
Judgment text and source record
17 paragraphs
Pandhal v African Banking Corporation Ltd (Civil Case E011 of 2024) [2024] KEHC 7870 (KLR) (3 July 2024) (Ruling)
Neutral citation: [2024] KEHC 7870 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Case E011 of 2024
MS Shariff, J
July 3, 2024
Between
Surjit Singh Pandhal
Plaintiff
and
African Banking Corporation Ltd
Defendant
Ruling
1. I have considered the Plaintiff’s notice of motion dated 1st July 2024, the certificate of urgency issued by Fiona Anyango Owino advocate on even date and the affidavit in support thereof sworn by Surjit Singh Pandhal on even date and I do note that the Plaintiff/Applicant has not sought for any interim orders save for final orders which this court cannot grant in the 1st instance.
2. I thus make the following orders:-1. This application is not certified as urgent.2. The same be served upon the Defendant within 2 days from the date hereof.3. The Respondent is directed to file a response within 7 days from the date hereof.4. In the interim status quo be maintained.5. Mention on 11. 7.2024 for further directions.
DATED, DELIVERED AND SIGNED THIS 3RD DAY OF JULY, 2024. M. S. SHARIFFJUDGE