Owino v Monarch Insurance Company Limited [2025] KEHC 1931 (KLR)

Owino v Monarch Insurance Company Limited (Civil Case E042 of 2024) [2025] KEHC 1931 (KLR) (26 February 2025) (Ruling)

Neutral citation: [2025] KEHC 1931 (KLR)

Republic of Kenya

In the High Court at Nakuru

Civil Case E042 of 2024

JM Nang'ea, J

February 26, 2025

Between

Francis Odhiambo Owino

Plaintiff

and

The Monarch Insurance Company Limited

Defendant

Ruling

1. The Plaintiff brings a Notice of Motion dated 18th November 2024 for reliefs as hereunder;a.Spent.b.Spent.c.Spentd.Spente.Thatthe costs of the application be provided for.

2. The application is predicated upon grounds set out thereon and the Plaintiff’s Affidavit in support. The application was orally amended on 29th January 2025 to include an additional prayer to wit; that the Defendant/Respondent be directed to settle the decretal sum and the costs of the suit.

3. The Motion is deemed as unopposed as the Defendant/Respondent has not put in a reply.

4. Although the application is unopposed, the same is found defective. No substantive reliefs are prayed for after the court grants the above stated orders. The orders the Plaintiff’s craves could only have been ex-parte pending consideration of other substantive prayers which are not stated.

5. The application is therefore struck out with no order as to costs.

J. M. NANG’EA, JUDGE.RULING DELIVERED THIS 26TH DAY OF FEBRUARY, 2025 IN THE PRESENCE OF:Mr. Ojera Advocate for Mr. Owino Advocate for the PlaintiffDefendant, AbsentInterested Party, AbsentCourt Assistant (Jennifer)J. M. NANG’EA, JUDGE.