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…In response, the 1st Respondent opposed the application on the assertion that the application had been overtaken by events on account of the alleged sale of the motor vehicle.…

…That in the absence of such proof, the finding that the Application had been overtaken by events was erroneous and the impugned Ruling cannot stand.…

…In response, the 1st Respondent opposed the application on the assertion that the application had been overtaken by events on account of the alleged sale of the motor vehicle.…

…That in the absence of such proof, the finding that the Application had been overtaken by events was erroneous and the impugned Ruling cannot stand.…

…In response, the 1st Respondent opposed the application on the assertion that the application had been overtaken by events on account of the alleged sale of the motor vehicle.…

…That in the absence of such proof, the finding that the Application had been overtaken by events was erroneous and the impugned Ruling cannot stand.…

…by events. b.…

…by events. 5.…

…He added that the Application is overtaken by events as the vehicle was released to the Respondent and that any orders issued would be in vain.…

…The Respondent contends that the Application is overtaken by events and a non-starter because the vehicle was released to the Respondent on 11.2.25 by the auctioneers and that any orders would be issued in vain.…

…Upon hearing of the application, the trial magistrate struck out the matter noting that the same had been overtaken by events. 5.…

…In her ruling, the magistrate said that since the cow had already been sold the matter had been overtaken by events. She struck out the application, with no orders as to costs. 14. I have looked at the record.…

…That the appeal herein has been overtaken by events hence untenable; the judgment sum and costs have been paid and matter settled. ii.…

…by events on account of consent dated 7th June 2023 and filed in court on 20th June 2023.…

…That the application does not meet the threshold for grant of the orders sought. that the application herein is overtaken by events since the suit motor vehicle has already been sold by the auctioneer which sale was conducted…

…Counsel urged this court to dismiss the application which had been overtaken by events. Analysis and determination 13.…

…Counsel for the 1st Respondent informed the Court that parties had filed submissions but that the application had been overtaken by events.…

…The Court observed that the application which sought to forestall proceedings on 21.3.23 had indeed been overtaken by events and that there was no need to write a ruling. The Court proceeded to dismiss the application.…

…On 23/3/2022 the court dismissed the applications dated 17/2/2022 and 25/2/2022 citing that the orders sought have been overtaken by events as the vehicle has already been auctioned.…

…The respondent further submitted that the ruling on 23rd March 2022 was made while the execution had already happened and therefore overtaken by events.…

…E112 OF 2021 in Applications dated 21st November, 2022 and 1st February, 2024 respectively. b) That orders sought in the appeal herein have been overtaken by events following the trial court’s judgement in Vihiga SPMCC NO…

…That the appeal herein has been overtaken by events following the trial court’s judgement in VIHIGA SPMCC SUCC. NO.…

…She deponed that the trial court judgment was duly executed by the three parties in this matter hence the orders sought herein have been fully overtaken by events.…

…That, the instant application and appeal are lacking in merit for having been overtaken by events. 9. The application was canvassed through written submissions. The Applicant’s Submissions 10.…

…On the premise of those assertions, the Respondent deposed that the Motion has been overtaken by events and is therefore an exercise in futility.…

…The Respondent reiterated his earlier averment that the Motion has already been overtaken by events. Oral Submissions The Motion was argued by way of oral submissions. Ms.…

…The Preliminary Objection contends that the application has been overtaken by events because the decretal sum has already been paid over to the decree-holder.…

…Consequently, it is argued that there is no longer any identifiable fund capable of preservation and that the application has therefore been overtaken by events. 13. The Appellant disputes that assertion.…

…He deponed that the application has been overtaken by events for reasons that the said motor vehicle had already been sold annexing and marking as GKO 4(a) & (b) copies of the advertisement and the Certificate of Sale respectively…

…by events and hence she could not grant the Orders sought. 4) The Learned Magistrate failed to hold that the application was fatally defective as there was no draft defence. 5) The Learned Magistrate failed to hold that…

…The application is thus overtaken by events. Let the matter be mentioned before court on 18.3.24 for directions on way forward.…

…The same seeks hearing during the vacation . it has been overtaken by events. 3. I have also considered the Notice of motion dated 27.3.24 . 4. I allow prayer 2 i.e Interim stay of proceedings in Kisii SCCC No.…

…Whether the setting aside Application was overtaken by events Whether the application for review was merited under Order 45 Rule 1.…

…Whether the 1 st Respondent’s Application Was Overtaken by Events The Appellant contended that setting aside the ex-parte judgment was futile as execution had been concluded.…

…Whether the application is overtaken by events, iv. Whether the application amounts to abuse of court process and forum shopping, v. Whether the joinder of the 2nd and Interested Third Party was lawful, vi.…

…On whether the application is overtaken by events it was submitted that courts do not act in vain.…