Caselaw

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUMGOMA BUNGOMA MISC. CIVIL CASE NO. 41 OF 2020 (CORAM: R. E. ABURILI - J.) JOSEPH RUGWIRI ONZERE & SAKAM ENTERPRISES LTD........................................APPELLANT/APPLICANT VERSUS JAMES AMUTALA MAYEKU...................................................... 1 st RESPONDENT VERSUS PAUL BARASA WAMOTO T/A PAWABA AUCTIONEERS AND...........................................2 NDRESPONDENT ALFRED M.K. OMINDE T/A KURANYA AUCTIONEERS.................................................3 RDRESPONDENT SAMSON ITONDE T/A DOMINION YARD AUCTIONEERS..................................4TH RESPONDENT RULING 1. I have considered the application which was also considered by Hon. Riechi J. of Bungoma High Court on 27/8/2020. 2. I observe that the applicant has not served the Respondents as there is no evidence of such service despite the High Court at Bungoma granting a hearing date which is today. The learned Judge nonetheless, did not direct service of the application upon the Respondents. Neither did he certify the matter as urgent. 3. I have however perused the application and all the supporting documents and I am satisfied that the same is urgent. I certify it as urgent and direct the applicants to serve the Respondents with the application for interpartes mention before the duty Judge on 10/9/2020. 4. In the meantime, as execution process is ongoing, I order for temporary stay of attachment and or sale of the applicant’s property as proclaimed by the Dominion Yard Auctioneers pending interpartes consideration of this matter on 10/9/2020. 5. The matter is therefore placed before Kisumu High Court for consideration interpartes on 10/9/2020. 6. Orders accordingly. Dated, signed and Delivered at Siaya this 3rd Day of September 2020 R.E. ABURILI JUDGE