[2005] KEHC 274 (KLR)
The court found that the Notice of Motion for review and stay of proceedings was not properly brought before the court, rendering it incompetent. The judge agreed with the respondent's submissions and held that the application did not meet the procedural requirements necessary for such applications under the Civil...
Source-derived case information.
- Citation
- [2005] KEHC 274 (KLR)
- Parties
- Plaintiff: Githinji Kagiri; Plaintiff: Wambui Thiong’o; Defendant: Thiongo Muriithi; Defendant: Peter Ngirubiu Muriithi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Case 79 of 1995
- Procedural Posture
- Notice of Motion / Ruling on Application for Review and Stay of Proceedings
- Outcome
- application dismissed as incompetent
- Legal Topics
- Review of Judgment, Stay of Proceedings, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Githinji Kagiri
Plaintiff
Wambui Thiong’o
Plaintiff
Thiongo Muriithi
Defendant
Peter Ngirubiu Muriithi
Defendant
Procedural Posture
Notice of Motion / Ruling on Application for Review and Stay of Proceedings
Legal Issues
- 1 Whether the Notice of Motion for review of the judgment dated 18.10.2000 is properly before the court.
- 2 Whether the applicant is entitled to a stay of proceedings pending the outcome of the application.
- 3 Whether the application should be dismissed as incompetent.
Ratio Decidendi
The court found that the Notice of Motion for review and stay of proceedings was not properly brought before the court, rendering it incompetent. The judge agreed with the respondent's submissions and held that the application did not meet the procedural requirements necessary for such applications under the Civil Procedure Rules. Consequently, the application was dismissed with costs to the respondents.
Court Disposition
application dismissed as incompetent
Orders
- The Notice of Motion dated 22nd December 2004 is dismissed as incompetent.
- Costs of the application are awarded to the respondents.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Civil Case 79 of 1995
GITHINJI KAGIRI……………………….…............................….1ST PLAINTIFF/RESPONDENT
WAMBUI THIONG’O………………….........................………..2ND PLAINTIFF/RESPONDENT
Versus
THIONGO MURIITHI…..……............................…………....1ST DEFENDANT/RESPONDENT
PETER NGIRUBIU MURIITHI……...........................………2ND DEFENDANT/RESPONDENT
RULING
In this Notice of Motion dated 22nd December 2004 and brought under Order XLIV Rule 1, Order L Rules 1 and 12 and all enabling provisions of the law the Applicant prays for orders:-
“1. THAT this Honourable court be pleased to review its judgment of 18. 10. 2000 and all consequential orders.
2. THAT there be a stay of proceedings pending the outcome of this application.
3. THAT costs of this application be provided for.”
Mr. Gathiga Mwangi appears for the Applicant while Mr. Kebuka Wachira appears for the Respondent.
As I look at the grounds, on the face of the said Notice of Motion, in support of the Notice of Motion, I get the impression that the Notice of Motion is not properly brought and ought not to stand. Otherwise I entirely agree with what was said by Mr. Kebuka Wachira.
Accordingly, I do hereby declare the said Notice of Motion incompetent and dismiss it with costs to the Respondents.
Dated this 14th day of November 2005.
J. M. KHAMONI
JUDGE