[2014] KEHC 6504 (KLR)

[2014] KEHC 6504 (KLR)

The court held that the interests of justice require the setting aside of the orders made on 4th June 2013 because the application to do so was filed timeously and the applicant should not be prejudiced by the mistake of his counsel. The court further determined that the costs occasioned by the application should be...

Source-derived case information.

Citation
[2014] KEHC 6504 (KLR)
Parties
Applicant: Charles Mbugua Njuguna; Respondent: Cornelius Kimani
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
? 25 of 2011
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Outcome
application allowed; previous orders set aside; costs awarded against applicant's counsel
Judges
DN Musyoka
Legal Topics
Setting Aside Orders, Costs of Application, Mistake of Counsel
Source Language
en
Civil Procedure Setting Aside Orders Costs of Application Mistake of Counsel

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Parties

Charles Mbugua Njuguna

Applicant

Cornelius Kimani

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the application to set aside the orders made on 4th June 2013 should be allowed.
  2. 2 Whether the applicant should be penalized for the mistake of his counsel.
  3. 3 Who should bear the costs of the application.

Ratio Decidendi

The court held that the interests of justice require the setting aside of the orders made on 4th June 2013 because the application to do so was filed timeously and the applicant should not be prejudiced by the mistake of his counsel. The court further determined that the costs occasioned by the application should be borne by the applicant's counsel, not the applicant, to ensure fairness. The application dated 21st February 2013 was ordered to be heard inter partes, and throwaway costs were awarded to the respondent, payable by the applicant's counsel within 14 days.

Court Disposition

application allowed; previous orders set aside; costs awarded against applicant's counsel

Orders

  • Orders made on 4th June 2013 are set aside.
  • Application dated 21st February 2013 to be heard inter partes.