[2024] KEHC 8746 (KLR)
The court found that neither party attended nor complied with directions issued for the hearing of the application for stay of proceedings. In the absence of attendance or compliance, and after issuing a notice to show cause, the court determined that the matter had been abandoned. Consequently, the file was marked...
Source-derived case information.
- Citation
- [2024] KEHC 8746 (KLR)
- Parties
- Appellant: Twiga Chemicals Limited Industries; Respondent: Moses Muchiri Mathenge
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E067 of 2024
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Proceedings
- Outcome
- application abandoned and file marked as closed
- Judges
- PN Gichohi
- Legal Topics
- Stay of Proceedings, Abandonment of Application
- 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
Twiga Chemicals Limited Industries
Appellant
Moses Muchiri Mathenge
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Proceedings
Legal Issues
- 1 Whether the application for stay of proceedings should be granted pending hearing and determination of the appeal.
- 2 Whether the matter should be marked as closed due to non-attendance and non-compliance by the parties.
Ratio Decidendi
The court found that neither party attended nor complied with directions issued for the hearing of the application for stay of proceedings. In the absence of attendance or compliance, and after issuing a notice to show cause, the court determined that the matter had been abandoned. Consequently, the file was marked as closed in accordance with the court's inherent powers and the overriding objective under the Civil Procedure Act to ensure efficient and expeditious disposal of cases.
Court Disposition
application abandoned and file marked as closed
Orders
- The matter is considered abandoned and the file is marked as closed.
Full Case Text
Judgment text and source record
27 paragraphs
Twiga Chemicals Limited Industries v Mathenge (Civil Appeal E067 of 2024) [2024] KEHC 8746 (KLR) (22 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8746 (KLR)
Republic of Kenya
In the High Court at Nakuru
Civil Appeal E067 of 2024
PN Gichohi, J
July 22, 2024
Between
Twiga Chemicals Limited Industries
Appellant
and
Moses Muchiri Mathenge
Respondent
Ruling
1. Under a Certificate of Urgency, the Appellant filed a Notice of Motion dated 3rd April, 2024 seeking stay of proceedings in Nakuru CMCC No. E312 of 2022 Twiga Chemicals Limited v Moses Muchiri Mathenge pending interpartes hearing of the Application.
2. He also ought to stay of the said proceedings pending hearing and determination of the application.
3. Further he sought stay of further proceedings in the said case pending hearing and determination of appeal.
4. At the certificate stage this court published orders on 4/4/2024 that since the Judgment before the trial court was coming on 4/4/2024, it was rather late in the day to seek stay of proceedings as the orders may very well be overtaken by events.
5. Further the court stated that there is a Memorandum of Appeal filed by the Applicant herein in respect of ruling delivered earlier by the trial court.
6. In those circumstances the court directed that the Respondent be served for further directions on 9/4/2024.
7. The Respondent did attend having been duly served and counsel sought a further mention and within 14 days to confirm filing of a response to the application.
8. The Appellant/Applicant was absent and directions were given granting leave to the Respondent to file and serve their response.
9. The Applicant was at liberty to file a further affidavit within 7 days if need be for further directions on 13/5/2024.
10. There was no attendance by parties on the scheduled date prompting the court to issue a Notice under Section 1A and 1B of the Civil Procedure Act for parties to show cause on 22/7/2024 as to why the file should not be marked as closed.
11. There was no attendance or compliance by parties.
12. In the circumstances this matter is considered to have been abandoned and the file marked as closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 22ND DAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:N/A for partiesRuto, Court Assistant