Co-operative Bank of Kenya Ltd v Henry Nyabuto Ondieki & 2 others

Co-operative Bank of Kenya Ltd v Ondieki & 2 others (Civil Appeal 128 of 2019) [2024] KEHC 8153 (KLR) (8 July 2024) (Ruling) Neutral citation: [2024] KEHC 8153 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CIVIL APPEAL 128 OF 2019 MS SHARIFF, J JULY 8, 2024 BETWEEN CO-OPERATIVE BANK OF KENYA LTD ........................................... APPELLANT AND HENRY NYABUTO ONDIEKI .................................................... 1ST RESPONDENT CHEMELIL SUGAR COMPANY LTD ........................................ 2ND RESPONDENT KCB BANK LTD ............................................................................ 3RD RESPONDENT RULING 1. I have considered the 1st Respondent’s notice of motion dated 5th July 2024 and the affidavit in support thereof sworn by Henry Nyabuto Ondieki on even date and I do note that the 2nd Respondent is seeking court’s leave to execute yet the intended execution is not directed to either the National Government or a County Government and a such leave is not a prerequisite for execution as the one contemplated by the Applicant. 2. In light of the above finding I do hereby make the following orders:1. This application is not certified as urgent. 2. The same be served within 3 days from the date hereof. 3. The Appellant is directed to file its response within 10 days from the date hereof. 4. Mention on 8/8/2024 to confirm compliance and take further directions. DATED, SIGNED AND DELIVERED AT KISUMU THIS 8TH DAY OF JULY, 2024. MWANAISHA S. SHARIFF JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/8153/eng@2024-07-08 1