[2020] KEHC 4622 (KLR)
The court found that the respondent and interested parties were duly served with the notice of motion dated 02/06/2020, as evidenced by the affidavit of service on record. In the absence of any responses from the respondent or interested parties, the court exercised its discretion to set a date for the hearing of...
Source-derived case information.
- Citation
- [2020] KEHC 4622 (KLR)
- Parties
- Applicant: SBI International Holdings; Respondent: County Government of Laikipia; Respondent: Ministry of Transport & Infrastructure & 2 Others
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 3 of 2020
- Procedural Posture
- Constitutional Petition / Interlocutory Order on Hearing of Notice of Motion
- Outcome
- Interlocutory order issued for hearing of specified prayers of the notice of motion.
- Legal Topics
- Service of Process, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SBI International Holdings
Applicant
County Government of Laikipia
Respondent
Ministry of Transport & Infrastructure & 2 Others
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Order on Hearing of Notice of Motion
Legal Issues
- 1 Whether the respondent and interested parties were properly served with the notice of motion dated 02/06/2020.
- 2 Whether the court should proceed to hear prayers (b) and (c) of the notice of motion in the absence of responses from the respondent and interested parties.
Ratio Decidendi
The court found that the respondent and interested parties were duly served with the notice of motion dated 02/06/2020, as evidenced by the affidavit of service on record. In the absence of any responses from the respondent or interested parties, the court exercised its discretion to set a date for the hearing of prayers (b) and (c) of the notice of motion, ensuring that all parties had notice and an opportunity to be heard. The order was made to facilitate the expeditious determination of the interlocutory application, in line with the principles of fair hearing and efficient administration of justice.
Court Disposition
Interlocutory order issued for hearing of specified prayers of the notice of motion.
Orders
- The court shall briefly hear the parties on prayers (b) and (c) of the notice of motion dated 02/06/2020 on 02/07/2020 at 12:00 noon.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CONSTITUTIONAL & HUMAN RIGHTS DIVISION
PETITION NO.3 OF 2020
(formerly Nyahururu Const. Pet.2 of 2020)
SBI INTERNATIONAL HOLDINGS…….................…………………………….….……………PETITIONER
VERSUS
COUNTY GOVERNMENT OF LAIKIPIA……..............……………………...………………RESPONDENT
MINISTRY OF TRANSPORT & INFRASTRUCTURE & 2 OTHERS ………….INTERESTED PARTIES
25. 06. 2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
I have seen the affidavit of service filed herein on 18/06/2020 persuant to the order of the court of 09/06/2020.
It appears that the Respondent and all Interested Parties stood served with the Notice of Motion dated 02/06/2020 as at 17/06/2020.
So far I have not seen on the record any responses filed by the Respondent or Interested Parties.
I hereby direct that I shall briefly hear the parties on prayers (b) and (c) of the notice of motion dated 02/06/2020 on 02/07/2020 at 12. 00 noon. It is so ordered.
Dated at Nanyuki this 25th day of June 2020.
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT