I & M Bank Limited v Ryan Sports House Limited & another [2024] KEHC 13989 (KLR)

I & M Bank Limited v Ryan Sports House Limited & another (Civil Appeal E183 of 2024) [2024] KEHC 13989 (KLR) (Civ) (11 November 2024) (Ruling)

Neutral citation: [2024] KEHC 13989 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Civil

Civil Appeal E183 of 2024

TW Ouya, J

November 11, 2024

Between

I & M Bank Limited

Plaintiff

and

Ryan Sports House Limited & another & another

Defendant

Ruling

1. The Notice of motion before the court is dated 9th September 2024 and is attendant to a suit initiated by chamber summons applications of the same date.

2. The matter was originally filed before Commercial and Tax Division and was in court on the 17th September 2024 when it was redirected to the Civil Division.

3. This matter was in court (Civil Division) on 4th November 2024. The was appearance by Mr. Otieno Holding brief for Mrs Otieno for the plaintiff/applicant.

4. On the other hand, there was no appearance for the Defendant/Respondents despite service by the Applicant. The Applicant filed an affidavit of service sworn on 30th October, 2024 indicating that the matter was coming for inter parties hearing on 4th November 2024.

5. Counsel for the Applicant addressed the court on the nature of the application and the orders sought.

6. This court is therefore inclined to:1. Certify the matter urgent2. Direct that notice for inter parties hearing before this court to be served upon the Dependent/Applicant.3. Inter parties hearing on 18th November 2024.

DATED, SIGNED AND DELIVERED VIRTUALLY THIS 11TH DAY OF NOVEMBER, 2024HON. T. W. OUYAJUDGEROA 14 days.For Applicant Mr. Gregory OtienoFor Respondent No AppearanceCourt Assistant Martin