[2008] KEHC 1886 (KLR)

[2008] KEHC 1886 (KLR)

The court dismissed the Chamber Summons dated 22nd May, 2008, finding it unmeritorious. The judge exercised judicial discretion to award costs to the respondent, indicating that the application did not warrant the relief sought. The reasons for dismissal were reserved to be delivered at a later date, but the...

Source-derived case information.

Citation
[2008] KEHC 1886 (KLR)
Parties
Plaintiff: Janet K. Muhali and Jimmy M. Alusa (Suing as the legal Representative of the Estate of Silas Alusa); Defendant: Joseph Mbugua Kibuywa; Defendant: Salama Road Construction; Defendant: Kaburu Okelo and Partners Consulting Engineers Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Civil Suit 1302 of 1999
Procedural Posture
Civil Suit / Ruling on Chamber Summons
Outcome
Chamber Summons dismissed with costs to the respondent.
Judges
JM Khamoni
Legal Topics
Chamber Summons, Costs Award, Dismissal of Application
Source Language
en
Civil Procedure Chamber Summons Costs Award Dismissal of Application

Source-derived case record

Summary, issues, holding and outcome

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Parties

Janet K. Muhali and Jimmy M. Alusa (Suing as the legal Representative of the Estate of Silas Alusa)

Plaintiff

Joseph Mbugua Kibuywa

Defendant

Salama Road Construction

Defendant

Kaburu Okelo and Partners Consulting Engineers Ltd

Defendant

Procedural Posture

Civil Suit / Ruling on Chamber Summons

Legal Issues

  1. 1 Whether the Chamber Summons dated 22nd May, 2008 should be allowed or dismissed.
  2. 2 Whether costs should be awarded to the respondent.

Ratio Decidendi

The court dismissed the Chamber Summons dated 22nd May, 2008, finding it unmeritorious. The judge exercised judicial discretion to award costs to the respondent, indicating that the application did not warrant the relief sought. The reasons for dismissal were reserved to be delivered at a later date, but the operative decision was the dismissal of the application with costs.

Court Disposition

Chamber Summons dismissed with costs to the respondent.

Orders

  • The Chamber Summons dated 22nd May, 2008 is dismissed.
  • Costs awarded to the respondent.