[2009] KEHC 400 (KLR)
The court found that there were no proceedings or orders made by Justice Ochieng on 19th June, 2008, and that Mr. Laban Anziya had not filed any application or documents for determination by the court on that date. The only relevant proceedings occurred on 14th October, 2008 and 28th October, 2008, with the latter...
Source-derived case information.
- Citation
- [2009] KEHC 400 (KLR)
- Parties
- Applicant: Ramshi V. Patel; Applicant: Jeckie Jumba; Plaintiff: M/s Lulu Dry Cleaners Ltd. & Others
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Case 376 of 1992
- Procedural Posture
- Civil Case / Ruling on Application for Provision of Documents and Proceedings
- Outcome
- Application partially dismissed; order for typing and provision of proceedings granted.
- Legal Topics
- Application for Documents, Dismissal for Non Attendance, Review of Judgment, Court Proceedings Access
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ramshi V. Patel
Applicant
Jeckie Jumba
Applicant
M/s Lulu Dry Cleaners Ltd. & Others
Plaintiff
Procedural Posture
Civil Case / Ruling on Application for Provision of Documents and Proceedings
Legal Issues
- 1 Whether the applicant is entitled to be furnished with copies of the ex-parte application, proceedings, and judgment of 19th June, 2008.
- 2 Whether there were any proceedings or orders made by Justice Ochieng on 19th June, 2008.
- 3 Whether the applicant can be granted the orders sought in the application dated 21st August, 2009.
Ratio Decidendi
The court found that there were no proceedings or orders made by Justice Ochieng on 19th June, 2008, and that Mr. Laban Anziya had not filed any application or documents for determination by the court on that date. The only relevant proceedings occurred on 14th October, 2008 and 28th October, 2008, with the latter date resulting in the dismissal of the applicant's applications for non-attendance upon an oral request by Mr. Anziya. Since the documents sought by the applicant do not exist in the court record for the date in question, the court could not grant the prayer for their provision. However, the court ordered that the remaining proceedings be typed and certified copies issued to the...
Court Disposition
Application partially dismissed; order for typing and provision of proceedings granted.
Orders
- Prayer 2 of the application dated 21st August, 2009 is denied as there were no proceedings before Justice Ochieng on 19th June, 2008.
- The remaining proceedings are to be typed and certified copies issued to the applicant upon payment of the required fee.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
Civil Case 376 of 1992
RAMSHI V. PATEL ………. 1ST OBJECTOR/APPLICANT
JECKIE JUMBA ……… 2ND OBJECTOR/APPLICANT
V E R S U S
M/S LULU DRY CLEANERS LTD. & OTHERS …….. PLAINTIFF
R U L I N G
The applicant/2nd Objector filed his application dated 21st August, 2009 seeking orders that this Honourable Court do direct Mr. Laban Anziya Advocate to furnish the Objector/applicant with copies of the ex-parte application he filed for the judgement dated 19th June, 2008 to enable him amend his application for review of judgement. The applicant would also like to be furnished with the proceedings and judgement of Hon. Justice Ochieng dated 19th June, 2008 and the ex-parte order dated 28th October, 2008.
The applicant appeared in person and contended that upon being supplied with documents being sought by Mr. Laban Anziya he would be able to take further steps. He would like to find out whether the application by Mr. Anziya was orally made or whether Justice Ochieng just gave the order orally.
I have perused the record of this case and do note that no orders were made by Justice Ochieng on 19th June, 2008. The record shows that the first time Justice Ochieng handled the matter was 14th October, 2008 when the applicant appeared before him.
The applicant informed the court that he had not served the 3rd defendant and sought for an adjournment. He was granted an adjournment and the applicant’s application dated 18th September, 2008 was stood over to 28th October, 2008.
On 28the October, 2008 the applicant did not attend court and Mr. Anziya orally urged the court to dismiss the applicant’s application dated 18th September, 2008 for non attendance. Justice Ochieng dismissed the applicant/objector’s application dated 18th September, 2008 together with the amended application dated 13th October, 2008 with costs to the defendants. It is clear from the record, that there was no written application before the court on 28th October, 2008. . Mr. anziya simply orally requested the court to dismiss the applications for non attendance. The applicant herein is at liberty to make an application and explain why he was not in court on 28th October, 2008 yet the date had been given in his presence on 14th October, 2008.
There is no other date Justice Ochieng handled the matter. The applicant is also seeking the proceedings for this matter. I have seen typed proceedings up to 19th June, 2000. I do order that the remaining proceedings be typed and the applicant be issued with certified copies upon payment of the required fee.
In the end, I am not able to grant prayer 2 of the application dated 21st August, 2009 as there were no proceedings before Justice Ochieng on 19th June, 2008. Mr. Laban Anziya had not filed any application or documents for determination by the court. The applicant is at liberty to execute the remainder of his application. There will be no order as to costs.
Delivered, dated and signed at Kakamega this 12th day of November, 2009
SAID J. CHITEMBWE
J U D G E