[2019] KEHC 8639 (KLR)

[2019] KEHC 8639 (KLR)

The court found that the interim ex parte orders previously granted had lapsed by operation of law under Order 40 Rule 3 of the Civil Procedure Rules because not all pleadings were secured by the required date. The court held that such lapsed orders could not be extended or stayed unless a fresh injunction was...

Source-derived case information.

Citation
[2019] KEHC 8639 (KLR)
Parties
Plaintiff: West Coast Africa Ltd; Defendant: Naim & Sons Logistics Limited; Defendant: Addawe Ali Abdi; Interested Party: Equity Bank Limited
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Civil Suit 16 of 2019
Procedural Posture
Civil Suit / Interlocutory Ruling on Interim Orders and Directions
Outcome
Interim ex parte orders declared lapsed; leave granted for supplementary affidavit, submissions, and appeal; directions given for hearing.
Judges
CA Otieno
Legal Topics
Interim Injunctions, Supplementary Affidavits, Written Submissions, Order 40 Rule 3, Appeals
Source Language
en
Civil Procedure Interim Injunctions Supplementary Affidavits Written Submissions Order 40 Rule 3 Appeals

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

West Coast Africa Ltd

Plaintiff

Naim & Sons Logistics Limited

Defendant

Addawe Ali Abdi

Defendant

Equity Bank Limited

Interested Party

Procedural Posture

Civil Suit / Interlocutory Ruling on Interim Orders and Directions

Legal Issues

  1. 1 Whether the interim ex parte orders previously granted had lapsed under Order 40 Rule 3 of the Civil Procedure Rules.
  2. 2 Whether the plaintiff should be granted leave to file supplementary affidavit and submissions.
  3. 3 Whether the plaintiff should be granted leave to appeal against the present orders.

Ratio Decidendi

The court found that the interim ex parte orders previously granted had lapsed by operation of law under Order 40 Rule 3 of the Civil Procedure Rules because not all pleadings were secured by the required date. The court held that such lapsed orders could not be extended or stayed unless a fresh injunction was granted. The court further exercised its discretion to grant the plaintiff leave to file a supplementary affidavit and written submissions, and also granted leave to appeal against the present orders. The court directed the parties to file and serve submissions within specified timelines and set the matter for hearing by way of highlighting submissions.

Court Disposition

Interim ex parte orders declared lapsed; leave granted for supplementary affidavit, submissions, and appeal; directions given for hearing.

Orders

  • Leave is granted to the plaintiff to file and serve a supplementary affidavit and written submissions within 14 days.
  • Respondents and interested party to file and serve submissions within 14 days after service by plaintiff.