[2018] KEHC 3952 (KLR)
The court determined that, in the interest of justice and efficient case management, the motion dated 3rd August, 2018 should be treated as a response to the motion dated 25th June, 2018. The court further directed that all parties be given an opportunity to file and serve responses and written submissions within...
Source-derived case information.
- Citation
- [2018] KEHC 3952 (KLR)
- Parties
- Plaintiff: Paragon Electronics Limited; Defendant: Velos Enterprises Limited; Defendant: Joseph Mwaura Ndegwa Auctioneer t/a J. K Ndegwa Auctioneers Limited; Defendant: I & M Bank Ltd (formerly Investments & Mortgages Bank Ltd.); Defendant: Kenya Commercial Bank Limited; Defendant: Wananchi Group Ltd.; Defendant: Sevaj Furnitures Ltd.; Defendant: Horizon Contact Centre Ltd.; Defendant: Huawei Technologies (K) Ltd.; Defendant: Simbanet Com Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 289 of 2015
- Procedural Posture
- Civil Suit / Directions on Interlocutory Applications
- Outcome
- Directions issued for the disposal of interlocutory applications; no final determination on the merits.
- Judges
- JK Sergon
- Legal Topics
- Interlocutory Applications, Directions, Written Submissions, Garnishee Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paragon Electronics Limited
Plaintiff
Velos Enterprises Limited
Defendant
Joseph Mwaura Ndegwa Auctioneer t/a J. K Ndegwa Auctioneers Limited
Defendant
I & M Bank Ltd (formerly Investments & Mortgages Bank Ltd.)
Defendant
Kenya Commercial Bank Limited
Defendant
Wananchi Group Ltd.
Defendant
Sevaj Furnitures Ltd.
Defendant
Horizon Contact Centre Ltd.
Defendant
Huawei Technologies (K) Ltd.
Defendant
Simbanet Com Limited
Defendant
Procedural Posture
Civil Suit / Directions on Interlocutory Applications
Legal Issues
- 1 Whether the motion dated 3rd August, 2018 should be struck out or treated as a response to the motion dated 25th June, 2018.
- 2 What directions should be given for the disposal of the pending applications.
Ratio Decidendi
The court determined that, in the interest of justice and efficient case management, the motion dated 3rd August, 2018 should be treated as a response to the motion dated 25th June, 2018. The court further directed that all parties be given an opportunity to file and serve responses and written submissions within specified timelines, and set the matter down for oral highlights. This approach ensures that all parties are heard and that the applications are disposed of in an orderly and fair manner.
Court Disposition
Directions issued for the disposal of interlocutory applications; no final determination on the merits.
Orders
- The motion dated 3rd August, 2018 is treated as a response to the motion dated 25th June, 2018.
- Respondents are given 7 days to file and serve their responses to the motion dated 3rd August, 2018.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL SUIT NO. 289 OF 2015
PARAGON ELECTRONICS LIMITED..........................................PLAINTIFF
V E R S U S
VELOS ENTERPRISES LIMITED........................................1ST DEFENDANT
JOSEPH MWAURA NDEGWA AUCTIONEER
T/A J. K NDEGWA AUCTIONEERS LIMITED. ...............2ND DEFENDANT
I & M BANK LTD (FORMERLY INVESTMENTS &
MORGAGES BANK LTD. ......................................................1ST GARNISHEE
KENYA COMMERCIAL BANK LIMITED. .......................2ND GARNISHEE
WANANCHI GROUP LTD. ...................................................3RD GARNISHEE
SEVAJ FURNITURES LTD. ..................................................4TH GARNISHEE
HORIZON CONTACT CENTRE LTD. ................................5TH GARNSHIEE
HUAWEI TECHNOLOGIES (K) LTD. ................................6TH GARNISHEE
SIMBANET COM LIMITED. ...............................................7TH GARNISHEE
ORDER ON DIRECTIONS
1. Having perused the application dated 3rd August, 2018, it is apparent that the main order sought is inter alia, to have the motion dated 25th June, 2018 struck out.
2. On 16th July, 2018, this court gave directions on how the motion of 25th June, 2018 should be dispensed with.
3. This court gave directions to have the aforesaid motion and other applications to be disposed of by written submission. The matter was fixed for oral highlights on 27th September, 2018 which did not take place because of the filing of the motion dated 3rd August, 2018.
4. I hereby make the following directions: -
i) The motion dated 3rd August, 2018 is treated as a response to the motion dated 25th June, 2018.
ii) The Respondents are given 7 days to file and serve their responses to the motion dated 3rd August, 2018.
iii) Parties to file and exchange written submission within 7 days from the date of service of the responses.
iv) This matter is stood over to 16th October, 2018 for oral highlights.
Dated, signed and delivered in Nairobi this 28th day of September, 2018.
........................
J K SERGON
JUDGE
In the presence of
.................................. for the Plaintiff
.................................. for the 1st Defendant/J/D
................................... for the 1st Garnishee
.................................... for the 2nd Garnishee
..................................... for the 4th Garnishee