[2021] KEHC 5257 (KLR)
The court found that the defendant's advocate was duly served with the hearing notice for the application dated 26th April 2021, as evidenced by the affidavit of service. Since the defendant did not oppose the application or appear at the hearing, the court exercised its discretion to allow the unopposed application...
Source-derived case information.
- Citation
- [2021] KEHC 5257 (KLR)
- Parties
- Plaintiff: Techno-Plast Limited; Defendant: Mark Properties Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 28 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application
- Outcome
- Application dated 26th April 2021 allowed with costs to the plaintiff/applicant.
- Judges
- WA Okwany
- Legal Topics
- Service of Process, Unopposed Application, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Techno-Plast Limited
Plaintiff
Mark Properties Limited
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application
Legal Issues
- 1 Whether the defendant was properly served with the hearing notice for the application dated 26th April 2021.
- 2 Whether the unopposed application dated 26th April 2021 should be allowed with costs.
Ratio Decidendi
The court found that the defendant's advocate was duly served with the hearing notice for the application dated 26th April 2021, as evidenced by the affidavit of service. Since the defendant did not oppose the application or appear at the hearing, the court exercised its discretion to allow the unopposed application with costs to the plaintiff/applicant. The decision was grounded on the principles of proper service and the absence of opposition, which entitled the applicant to the orders sought.
Court Disposition
Application dated 26th April 2021 allowed with costs to the plaintiff/applicant.
Orders
- The application dated 26th April 2021 is allowed.
- Costs awarded to the plaintiff/applicant.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
COMMERCIAL AND TAX DIVISION
HCCC NO. 28 OF 2019
TECHNO-PLAST LIMITED.................PLAINTIFF
VERSUS
MARK PROPERTIES LIMITED......DEFENDANT
RULING
1. I have considered the affidavit of service dated 25th May 2021 and I am satisfied that the law firm of Chris Mutuku Advocate was duly served with the hearing notice for the hearing scheduled for 28th June 2021 in respect to the application dated 26th April 2021.
2. I also note that the Defendant/Respondent did not oppose the application dated 26th April 2021. Consequently, I allow the application with costs to the plaintiff applicant.
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS AT NAIROBI THIS 8TH DAY OF JULY 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 Wangui for Ahmed Nassir Senior Counsel for Plaintiff/Applicant
No appearance for Respondent.
Court Assistant: Sylvia.