[2004] KEHC 1472 (KLR)
The court found that the subordinate court's file had not been heard and, after considering both the application and the objection, determined that there was no reason to deny the orders sought. The application was therefore allowed as prayed, exercising the court's discretion in the absence of any substantive...
Source-derived case information.
- Citation
- [2004] KEHC 1472 (KLR)
- Parties
- Applicant: Vincent Machani Moseti; Respondent: Lacton Otao Machani; Respondent: Joel Moseti Machani; Respondent: Amos Kibiba Machani; Respondent: Samwel O. Moseti; Respondent: Francis N. Moseti; Respondent: Wenceshous A. Moseti; Respondent: John O. Moseti
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 105B of 2003
- Procedural Posture
- Miscellaneous Application / Ruling on Application
- Outcome
- application allowed as prayed
- Legal Topics
- Application for Orders, Subordinate Court Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Machani Moseti
Applicant
Lacton Otao Machani
Respondent
Joel Moseti Machani
Respondent
Amos Kibiba Machani
Respondent
Samwel O. Moseti
Respondent
Francis N. Moseti
Respondent
Wenceshous A. Moseti
Respondent
John O. Moseti
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application
Legal Issues
- 1 Whether the application before the court should be allowed as prayed.
Ratio Decidendi
The court found that the subordinate court's file had not been heard and, after considering both the application and the objection, determined that there was no reason to deny the orders sought. The application was therefore allowed as prayed, exercising the court's discretion in the absence of any substantive hearing or demonstrated prejudice.
Court Disposition
application allowed as prayed
Orders
- Application allowed as prayed.
Full Case Text
Judgment text and source record
5 paragraphs
IN THE HIGH COURT OF KENYA AT KISII MISC. CIVIL APPLICATION NO.105B OF 2003
VINCENT MACHANI MOSETI ………………………………………….. APPLICANT VERSUS 1. LACTON OTAO MACHANI ) 2. JOEL MOSETI MACHANI ) 3. AMOS KIBIBA MACHANI ) 4. SAMWEL O. MOSETI ) ………………………… RESPONDENTS 5. FRANCIS N. MOSETI ) 6. WENCESHOUS A. MOSETI ) 7. JOHN O. MOSETI )
RULING: I have considered the application and objection. I too have gone through the subordinate court’s file. It has not been heard.
Application is therefore allowed as prayed.
KABURU BAUNI JUDGE 14/6/04