[2006] KEHC 2193 (KLR)

[2006] KEHC 2193 (KLR)

The court granted the Notice of Motion dated 20th March, 2006, specifically in terms of prayer (b), on the condition that evidence of the filing of the intended appeal is provided at the next mention date. The court found that the applicant had satisfied the requirements for the grant of the motion, subject to the...

Source-derived case information.

Citation
[2006] KEHC 2193 (KLR)
Parties
Appellant: Ephantus Kiruhi; Defendant: Nanyuki Municipal Council
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Case Number
Civil Case 63 of 1997
Procedural Posture
Civil Case / Ruling on Notice of Motion
Outcome
Notice of Motion granted in terms of prayer (b), with costs in the cause, subject to production of evidence of filing the intended appeal at the next mention date.
Legal Topics
Notice of Motion, Appeal Procedure, Costs Award
Source Language
en
Civil Procedure Notice of Motion Appeal Procedure Costs Award

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Ephantus Kiruhi

Appellant

Nanyuki Municipal Council

Defendant

Procedural Posture

Civil Case / Ruling on Notice of Motion

Legal Issues

  1. 1 Whether the Notice of Motion dated 20th March, 2006 should be granted.
  2. 2 Whether costs should be awarded for the Chamber Summons.
  3. 3 Whether evidence of filing the intended appeal is necessary for the grant.

Ratio Decidendi

The court granted the Notice of Motion dated 20th March, 2006, specifically in terms of prayer (b), on the condition that evidence of the filing of the intended appeal is provided at the next mention date. The court found that the applicant had satisfied the requirements for the grant of the motion, subject to the production of evidence of the intended appeal. Costs of the Chamber Summons were awarded in the cause, reflecting the principle that costs follow the event unless otherwise ordered.

Court Disposition

Notice of Motion granted in terms of prayer (b), with costs in the cause, subject to production of evidence of filing the intended appeal at the next mention date.

Orders

  • Notice of Motion dated 20th March, 2006 granted in terms of prayer (b).
  • Costs of the Chamber Summons awarded in the cause.