[2008] KEHC 2716 (KLR)
The court found that the applicant failed to provide any evidence of having applied for proceedings, failed to produce confirmation from the court registry that the file was lost, and did not exhibit a certificate of delay. The absence of these critical documents meant the applicant had not met the evidentiary...
Source-derived case information.
- Citation
- [2008] KEHC 2716 (KLR)
- Parties
- Appellant: Joseph Kimani Kariuki; Respondent: Grace Wanjiru Mwangi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 429 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion
- Outcome
- application dismissed with costs to the respondent
- Judges
- JM Khamoni
- Legal Topics
- Application for Proceedings, Certificate of Delay, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kimani Kariuki
Appellant
Grace Wanjiru Mwangi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion
Legal Issues
- 1 Whether the applicant provided sufficient evidence of application for proceedings.
- 2 Whether the applicant demonstrated that the court file was lost after the ruling.
- 3 Whether a certificate of delay was exhibited by the applicant.
Ratio Decidendi
The court found that the applicant failed to provide any evidence of having applied for proceedings, failed to produce confirmation from the court registry that the file was lost, and did not exhibit a certificate of delay. The absence of these critical documents meant the applicant had not met the evidentiary threshold required for the relief sought. Consequently, the application was dismissed as lacking merit, and costs were awarded to the respondent.
Court Disposition
application dismissed with costs to the respondent
Orders
- The Chamber Summons dated 10th July, 2007 is dismissed.
- The applicant shall pay the costs of the application to the respondent.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Misc Appli 429 of 2007
JOSEPH KIMANI KARIUKI ………………………………………. APPELLANT
Versus
GRACE WANJIRU MWANGI ………………………..………… RESPONDENT
RULING
From what Mr. Arum for the Applicant and Mr. Kirori for the Respondent are saying during the hearing of this Notice of Motion dated 10th July, 2007, I find no merits in the said Chamber Summons which is hereby therefore dismissed for the following reasons among others:
Firstly, the Applicant has exhibited no evidence of his application for proceedings. Secondly, he has exhibited no evidence from the court Registry to confirm that indeed the court case file had got lost after the court ruling in question had been made. Thirdly, he has exhibited no certificate of delay from the court at Gatundu to include the information that he paid for proceedings before 16th May, 2007 and the relevant file copy of the receipt got lost to-date even though the original court case file is available.
The above being the position, the Applicant to pay costs of the application to the Respondent.
Dated this 20th day of May, 2008
J.M. KHAMONI
JUDGE