Osumba v Mueke (Miscellaneous Civil Application 22 of 1991) [2024] KEHC 6444 (KLR) (31 May 2024) (Ruling) Neutral citation: [2024] KEHC 6444 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CIVIL APPLICATION 22 OF 1991 RE ABURILI, J MAY 31, 2024 BETWEEN ALFRED OUYA OSUMBA ...................................................................... APPLICANT AND DAVID MUTHIANI MUEKE ............................................................. RESPONDENT RULING 1. This file was found dormant and isolated in the High Court Civil Registry with no closure. This was during our case audit. The last time it was in court before Osiemo J was on 14th November 1991, over 33 years ago. 2. The file was opened on an application for transfer of a case from Nakuru SPM’s Court Civil Suit No. 516 of 1989 to Kisumu Court. Nothing transpired on the above named date and the matter was stood over generally. 3. As there cannot be a pending interest in the transfer of suit from one court to another over 32 years later, the application dated 30th May 1991 is dismissed for want of prosecution and laches. 4. This file is closed for archiving. I so order. DATED, SIGNED AND DELIVERED AT KISUMU THIS 31ST DAY OF MAY, 2024 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/6444/eng@2024-05-31 1
Original judgment
Alfred Ouya Osumba v David Muthiani Mueke
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