Joseph Rugwiri Onzere & Sakam Enterprises Ltd v James Amutala Mayeku & 3 others [2020] eKLR

Court
High Court of Kenya at Bungoma
Category
Civil
Judge(s)
R.E. Aburili
Judgment Date
September 03, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

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...................................................... 1st RESPONDENT
VERSUS
PAUL BARASA WAMOTO
T/A PAWABA AUCTIONEERS AND...........................................2NDRESPONDENT
ALFRED M.K. OMINDE
T/A KURANYA AUCTIONEERS.................................................3RDRESPONDENT
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

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