[2002] KEHC 257 (KLR)
The court found that confusion regarding representation by counsel and possible compromise in service of court process justified setting aside the previous order of 5th February 1999. Additionally, since the subject matter was land, the court emphasized the importance of allowing parties to exhaust all legal avenues...
Source-derived case information.
- Citation
- [2002] KEHC 257 (KLR)
- Parties
- Applicant: Kineni Farmers Co-operative Society Ltd; Applicant: Geoffrey Matoke; Respondent: Nyachera Masare
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 363 of 1993
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Review or Set Aside Previous Court Order
- Outcome
- application allowed; previous order set aside
- Legal Topics
- Review of Court Orders, Setting Aside Orders, Service of Process, Representation by Counsel
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kineni Farmers Co-operative Society Ltd
Applicant
Geoffrey Matoke
Applicant
Nyachera Masare
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Review or Set Aside Previous Court Order
Legal Issues
- 1 Whether the order of 5th February 1999 should be reviewed or set aside.
- 2 Whether there was proper representation by counsel and service of court process.
- 3 Whether previous proceedings addressed the same subject matter.
Ratio Decidendi
The court found that confusion regarding representation by counsel and possible compromise in service of court process justified setting aside the previous order of 5th February 1999. Additionally, since the subject matter was land, the court emphasized the importance of allowing parties to exhaust all legal avenues before final orders are made. Consequently, the order was set aside and each party was ordered to bear their own costs.
Court Disposition
application allowed; previous order set aside
Orders
- The order of 5th February 1999 is hereby set aside.
- Each party shall bear their own costs.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBIMISC APP NO 363 OF 1993
1. KINENI FARMERS CO-OPERATIVE SOCIETY LTD
2. GEOFFREY MATOKE………………………………….…APPLICANT
VERSUS
NYACHERA MASARE…………………………….………RESPONDENT
R U L I NG
By a Notice of Motion dated 23rd February, 2001 and filed on 13th March, 2001, the applicants moved the court to review and or set aside the order of this court made on 5th February 1999.
I have heard both learned counsel on this matter. It would appear that there has been some confusion as to representation by counsel and service of court process may have been compromised.
Further, it has transpired that previous proceedings have addressed the same subject matter and the current position may not be very clear.
Above all the subject matter herein is land whereby parties should be able to exhaust all legal avenues before final orders are made. In view of the foregoing, the order of 5th February, 1999 is hereby set aside. Each party shall bear own costs. Orders accordingly.
Dated and delivered at Nairobi this 12th day of June, 2002
A. MBOGHOLI MSAGHA JUDGE
Mr Mwangi holding for Mr Mariaria for Respondent