Ololo v National Housing Corporation [2024] KEHC 8609 (KLR)

Ololo v National Housing Corporation (Miscellaneous Application E279 of 2024) [2024] KEHC 8609 (KLR) (16 July 2024) (Ruling)

Neutral citation: [2024] KEHC 8609 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Application E279 of 2024

MS Shariff, J

July 16, 2024

Between

William Ololo

Applicant

and

National Housing Corporation

Respondent

Ruling

1. Upon perusal of the Applicant’s chamber summons dated 12. 7.2024, the certificate of urgency issued by James Aggrey Mwamu esquire advocate on even date, the affidavit in support of the chamber summons sworn by William Ololo on even date and the annexures thereto, I do note that the impugned judgment was delivered on 22. 11. 2024. so far no evidence of risk of imminent execution has been adduced wherefore no urgency has been demonstrated.

2. Given case No. Kisumu CMCC 576/2019 was concluded, the Applicant has not adduced any evidence to show that the Respondent is undertaking further proceedings in that case.

3. Premised on the reasons aforestated I hereby make the following orders:-1. This application is not certified as urgent.2. The same be served within 2 days from the date hereof.3. The Respondent is directed to file its response within 10 days from the date hereof.4. The Applicant is granted leave to file and serve a supplementary affidavit, it need be simultaneously with his submissions within 18 days from the date hereof.5. The Respondent is directed to file its submissions within 26 days from the date hereof.6. Status quo be maintained.7. Mention on 24/9/2024 before High Court No. 1 to confirm compliance and take a ruling date.

DELIVERED, DATED AND SIGNED THIS 16THDAY OF JULY, 2024. M. S. SHARIFFJUDGE