Call a Ride Limited & 2 others v Mujera [2025] KEHC 4374 (KLR)

Call a Ride Limited & 2 others v Mujera (Miscellaneous Civil Application E955 of 2024) [2025] KEHC 4374 (KLR) (Civ) (4 April 2025) (Ruling)

Neutral citation: [2025] KEHC 4374 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Civil

Miscellaneous Civil Application E955 of 2024

AC Mrima, J

April 4, 2025

Between

Call A Ride Limited

1st Applicant

Lukio Achacha Obare

2nd Applicant

Hilda Wanjiru Chomba

3rd Applicant

and

Allan Mujera

Respondent

Ruling

1. By a Notice of Motion dated 11th October 2024, the Applicants sought the following orders: -1. That this application be certified as urgent, be heard on priority basis and service be dispensed with in the first instance.2. That this Honourable Court be pleased to set aside the ex-parte judgment against the Applicants and vacate any consequential orders thereof and allow the Applicants to file and serve their statement of defence.3. That this Honourable Court be pleased to stay any form of execution against the Applicants pending the hearing and determination of this application.4. That this Honourable Court be pleased to stay any form of execution against the Applicants pending the hearing and determination of this suit.5. That costs of this application be provided for in the cause.

2. The application was premised on the grounds on its face, the Affidavit sworn on 11th October 2024 by Lukio Achacha Obare, the 2nd Respondent and the written submissions dated 1st December 2024.

3. The application was opposed by the Respondent through Grounds of Opposition dated 23rd October 2024 and written submissions dated 14th February 2025.

4. The application was heard by way of written submissions where both parties complied. There was, however, a preliminary issue which the Applications raised through their submissions which ought to be dealt with first. It was the abandoning of prayer 2 of the application. The withdrawn prayer sought the setting aside of the ex-parte judgment in Milimani SCCCOMM/E6478/2024 (hereinafter referred to as ‘the suit’) between the parties herein, with leave to the Applicants to defend the suit.

5. With prayer 2 out of the way, the prayers that remains were a stay of execution pending the determination of the application and the suit. Since the matter before Court was instituted by way of a miscellaneous application, then the matter comes to an end once the application is disposed of. Therefore, since the substratum of the application was withdrawn, there is nothing substantive left for determination. The remainder of the prayers in the application end with the delivery of this ruling.

6. It is, hence, this Court finding and holding that the Notice of Motion dated 11th October 2024 suffers a false start and is hereby dismissed with costs.Order accordingly.

DELIVERED, DATED AND SIGNED AT NAIROBI THIS 4TH DAY OF APRIL, 2025. A. C. MRIMAJUDGERuling virtually delivered in the presence of:Miss. Kaggia, Learned Counsel for the Applicant.Miss. Walid, Learned Counsel for the Respondent.Michael/Amina – Court Assistants.