[2021] KEHC 13222 (KLR)
The court was satisfied that the respondent's advocates were duly served with the application and mention notice, as evidenced by the affidavit of service. Since the application was unopposed and the requirements for service were met, the court found no reason to deny the orders sought. The application for...
Source-derived case information.
- Citation
- [2021] KEHC 13222 (KLR)
- Parties
- Plaintiff: UEG Welding Solutions Limited; Defendant: Consolidated Timbers Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E1167 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Reconstruction and Transfer of File
- Outcome
- application allowed
- Judges
- WA Okwany
- Legal Topics
- Reconstruction of Court File, Transfer of Suit, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
UEG Welding Solutions Limited
Plaintiff
Consolidated Timbers Limited
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Reconstruction and Transfer of File
Legal Issues
- 1 Whether the respondent was duly served with the application and mention notice.
- 2 Whether the application for reconstruction and transfer of Milimani CMCC 7358 of 2018 should be allowed.
Ratio Decidendi
The court was satisfied that the respondent's advocates were duly served with the application and mention notice, as evidenced by the affidavit of service. Since the application was unopposed and the requirements for service were met, the court found no reason to deny the orders sought. The application for reconstruction and transfer of Milimani CMCC 7358 of 2018 was therefore allowed, with directions that the file be kept under lock and key upon transfer to the High Court.
Court Disposition
application allowed
Orders
- Milimani CMCC 7358 of 2018 to be reconstructed.
- Upon reconstruction, the file to be transferred to the High Court and kept under lock and key.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL AND TAX DIVISION
MISCELLANEOUS CIVIL APPLICATION NO. E1167 OF 2020
UEG WELDING SOLUTIONS LIMITED..............................PLAINTIFF
VERSUS
CONSOLIDATED TIMBERS LIMITED..............................DEFENDANT
RULING
1. I have perused the affidavit of service dated 15th July 2021 and I am satisfied that the respondent’s advocates M/S Omuma Advocates, were duly served with the mention notice and the application dated 12th July 2021.
2. I also note that the application is not opposed.
3. Consequently, I allow the application dated 12th July 2021 and direct that Milimani CMCC 7358 of 2018 be reconstructed and that once reconstructed, the said file be transferred to this court and be kept under lock and key.
4. I make no orders as to costs.
Dated, signed and delivered via Microsoft Teams at Nairobi this 22nd day of July 2021 in 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 Mwangi for the Applicant.
No appearance for the Respondent.
Court Assistant: Sylvia