Co-operative Bank of Kenya Ltd v Ondieki & 2 others [2024] KEHC 8153 (KLR)

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. SHARIFFJUDGE