[2008] KEHC 1925 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the reinstatement of the order dated 30/3/2001. After considering the affidavits and submissions by counsel, the court exercised its discretion to allow the application in full, including the reinstatement of the previous order and awarding...
Source-derived case information.
- Citation
- [2008] KEHC 1925 (KLR)
- Parties
- Applicant: Jedida Ruguru Ngari; Respondent: Prisca Marigu Ngari
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 29 of 2001
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Application allowed. All orders sought granted.
- Legal Topics
- Reinstatement of Orders, Costs in the Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jedida Ruguru Ngari
Applicant
Prisca Marigu Ngari
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the order dated 30/3/2001 should be reinstated.
- 2 Whether costs should be awarded in the cause.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the reinstatement of the order dated 30/3/2001. After considering the affidavits and submissions by counsel, the court exercised its discretion to allow the application in full, including the reinstatement of the previous order and awarding costs in the cause. The decision was based on the principles of justice and the court's inherent powers under the Civil Procedure Act to ensure fair adjudication of matters before it.
Court Disposition
Application allowed. All orders sought granted.
Orders
- The order dated 30/3/2001 is hereby reinstated.
- Costs in the cause.
Full Case Text
Judgment text and source record
17 paragraphs
JEDIDA RUGURU NGARI……...……ADMINISTRATOR/APPLICANT
VERSUS
PRISCA MARIGU NGARI…………ADMINISTRATOR/RESPONDENT
RULING
Upon perusing Notice of Motion dated 30/11/2005 and upon perusing affidavits and upon hearing submissions by counsel, I allow the application and grant all orders sought namely:-
1. The order dated 30/3/2001 is hereby reinstated.
2. Costs in the cause
Dated this 4th June, 2008.
J. N. KHAMINWA
JUDGE
4/6/2008
Khaminwa – Judge
Njue – Clerk
Mr. Kahiga HB
Read in open court
J. N . KHAMINWA
JUDGE