[2015] KEHC 3729 (KLR)
The court found that the application dated 15th September 2008 had already been determined by a ruling delivered on 31st January 2014. As such, there was no pending application before the court, and the subject matter had been conclusively settled. The court therefore declined to entertain the application further,...
Source-derived case information.
- Citation
- [2015] KEHC 3729 (KLR)
- Parties
- Applicant: Mr. Njoroge; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 705 of 1996
- Procedural Posture
- Succession Cause / Ruling on Application to Set Aside or Review Consent Orders
- Outcome
- Application dismissed as already determined.
- Judges
- DN Musyoka
- Legal Topics
- Review of Orders, Setting Aside Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mr. Njoroge
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Set Aside or Review Consent Orders
Legal Issues
- 1 Whether the application dated 15th September 2008 seeking to set aside or review consent orders is pending determination.
- 2 Whether the subject matter of the application has already been settled.
Ratio Decidendi
The court found that the application dated 15th September 2008 had already been determined by a ruling delivered on 31st January 2014. As such, there was no pending application before the court, and the subject matter had been conclusively settled. The court therefore declined to entertain the application further, emphasizing the principle of finality in litigation and the need to avoid duplicative proceedings.
Court Disposition
Application dismissed as already determined.
Orders
- The application dated 15th September 2008 is not pending determination, having been settled by the ruling delivered on 31st January 2014.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 705 OF 1996
IN THE MATTER OF THE ESTATE OF GITHUNJI KIMANI (DECEASED)
RULING
Mr. Njoroge appeared before me on 15th October 2014 to argue an application dated 15th September 2008, which sought the setting aside or review of certain consent orders.
I have gone through the record and noted that the application dated 15th September 2008 was determined vide a ruling delivered on 31st January 2014. The said application is therefore not pending determination. The subject matter of the application was settled on 31st January 2014.
DATED, SIGNED and DELIVERED at NAIROBI this 10TH DAY OF JULY, 2015.
W. MUSYOKA
JUDGE
In the presence of Ms. Musyoka for Mr. Njoroge advocate for the Applicant.
No appearance for the Respondent.