[2012] KEHC 4616 (KLR)
The court found that the applicant failed to appear at the hearing of their own application, despite having previously benefited from an ex parte order and having caused two prior adjournments. In the absence of the applicant and upon consideration of the respondent's submissions and supporting affidavit, the court...
Source-derived case information.
- Citation
- [2012] KEHC 4616 (KLR)
- Parties
- Plaintiff: Paul Naske Mukora; Defendant: CCMC Motors Group Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 490 of 2011
- Procedural Posture
- Civil Suit / Interlocutory Application Ruling
- Outcome
- application dismissed with costs to the defendant
- Legal Topics
- Interlocutory Injunctions, Ex Parte Orders, Adjournment of Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Naske Mukora
Plaintiff
CCMC Motors Group Ltd
Defendant
Procedural Posture
Civil Suit / Interlocutory Application Ruling
Legal Issues
- 1 Whether the plaintiff is entitled to a restraining order preventing repossession of motor vehicle No. KBE 045 V pending determination of the suit.
- 2 Whether the application should be dismissed due to non-appearance of the applicant.
Ratio Decidendi
The court found that the applicant failed to appear at the hearing of their own application, despite having previously benefited from an ex parte order and having caused two prior adjournments. In the absence of the applicant and upon consideration of the respondent's submissions and supporting affidavit, the court exercised its discretion to dismiss the application with costs to the defendant, in accordance with the Civil Procedure Rules regarding non-appearance.
Court Disposition
application dismissed with costs to the defendant
Orders
- The plaintiff's application dated 9/11/2011 is dismissed with costs to the defendant.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
CIVIL SUIT NO.490 OF 2011
PAUL NASKE MUKORA................................................................................ PLAINTIFF
VERSUS
CCMC MOTORS GROUP LTD.................................................................... DEFENDANT
RULING
Notice of Motion dated 9/11/2011 was filed by Plaintiff on 10/11/2011 seeking restraining order against the Defendant not to repossess the motor vehicle No.KBE 045 V pending the hearing and determination of this suit. They have sought further orders in that application.
When the application was called for hearing only the Respondent appeared. The applicants did not appear. The Respondent counsel pointed out that the Applicant has enjoyed exparte order and on two occasions they have come to hearing but the matter had been adjourned on those two occasions. He urged to proceed.
Mr. Ombati submitted that he was relying on affidavit of Anthony G. Mbuthia and on grounds of opposition filed and a list of authorities filed and dated 9. 3.2012. He prayed that the application be dismissed.
The court has perused the opposition and affidavit of Anthony Mbuthia and the grounds of opposition. There being no applicant I dismiss the application with costs to Defendant.
Dated and delivered this 16th day of March, 2012
J.N. KHAMINWA
JUDGE