[2021] KEHC 7065 (KLR)
The court found that the plaintiff was duly served with the application dated 6th August 2015 and failed to file any response. In the absence of opposition, and being satisfied as to proper service, the court allowed the application as prayed. The decision was grounded on the procedural rules that permit the court...
Source-derived case information.
- Citation
- [2021] KEHC 7065 (KLR)
- Parties
- Plaintiff: St Elizabeth Academy Karen Ltd; Defendant: National Bank of Kenya Limited; Defendant: GA Life Assurance Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 333 of 2013
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Application
- Outcome
- application allowed as prayed
- Judges
- WA Okwany
- Legal Topics
- Interlocutory Applications, Service of Process, Failure to Respond
- 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
St Elizabeth Academy Karen Ltd
Plaintiff
National Bank of Kenya Limited
Defendant
GA Life Assurance Limited
Defendant
Procedural Posture
Civil Suit / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the plaintiff was properly served with the application dated 6th August 2015.
- 2 Whether the application dated 6th August 2015 should be allowed unopposed due to lack of response from the plaintiff.
Ratio Decidendi
The court found that the plaintiff was duly served with the application dated 6th August 2015 and failed to file any response. In the absence of opposition, and being satisfied as to proper service, the court allowed the application as prayed. The decision was grounded on the procedural rules that permit the court to grant unopposed applications where service is not disputed and no response is filed.
Court Disposition
application allowed as prayed
Orders
- The application dated 6th August 2015 is allowed as prayed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
COMMERCIAL AND TAX DIVISION
HCCC NO. 333 OF 2013
ST ELIZABETH ACADEMY KAREN LTD..............PLAINTIFF
VERSUS
NATIONAL BANK OF KENYA LIMITED.....1ST DEFENDANT
GA LIFE ASSURANCE LIMITED.................2ND DEFENDANT
RULING
1. I have considered the affidavit of service dated 4th May 2021 and I am satisfied that the law firms of Gichuki Kingara and Maganga Luseno for the plaintiffs and 1st defendants respectively were duly served with the mention notice for 10th May 2021.
2. I also note that the plaintiffs were duly served with the application dated 6th August 2015 and have not filed any response to it.
3. Accordingly and in the circumstances, I allow the application dated 6th August 2015 as prayed.
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS AT NAIROBI THIS 13TH DAY OF MAY 2021IN VIEW OF THE DECLARATION OF MEASURES RESTRICTING COURT OPERATIONS DUE TO COVID-19 PANDEMIC AND IN LIGHT OF THE DIRECTIONS ISSUED BY HIS LORDSHIP, THE CHIEF JUSTICE ON THE 17TH APRIL 2020.
W. A. OKWANY
JUDGE
In the presence of:
Ms Musau for Luseno for 1st defendant
Ms Muthoni for Wambugu for plaintiff/respondent
Mr. Lusi for 2nd defendant
Court Assistant: Sylvia.