[2013] KEHC 6636 (KLR)
The court determined that since Onyancha, J, who delivered the judgment on 4th February 2010, is still available in the division, he is best suited to hear and determine the application to set aside his own judgment. The matter should therefore be placed before Onyancha, J for mention and further directions once he...
Source-derived case information.
- Citation
- [2013] KEHC 6636 (KLR)
- Parties
- Plaintiff: Mount Kenya Investments; Defendant: Allan Ngethe; Defendant: Mwangi Gatiho; Defendant: City Council of Nairobi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1655 of 1996
- Procedural Posture
- Civil Case / Ruling on Allocation of Application to Set Aside Judgment
- Outcome
- Application for preliminary ruling deferred; matter to be placed before Onyancha, J for mention.
- Judges
- DW Mbuteti
- Legal Topics
- Setting Aside Judgment, Judicial Assignment, Preliminary Ruling
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mount Kenya Investments
Plaintiff
Allan Ngethe
Defendant
Mwangi Gatiho
Defendant
City Council of Nairobi
Defendant
Procedural Posture
Civil Case / Ruling on Allocation of Application to Set Aside Judgment
Legal Issues
- 1 Whether the application to set aside the judgment of 4th February 2010 should be heard by the judge who delivered the judgment.
- 2 Whether the matter should be placed before Onyancha, J for further directions.
Ratio Decidendi
The court determined that since Onyancha, J, who delivered the judgment on 4th February 2010, is still available in the division, he is best suited to hear and determine the application to set aside his own judgment. The matter should therefore be placed before Onyancha, J for mention and further directions once he is available.
Court Disposition
Application for preliminary ruling deferred; matter to be placed before Onyancha, J for mention.
Orders
- The matter is to be placed before Onyancha, J for mention once he is available.
- A suitable mention date may be taken at the registry.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
CIVIL CASE NO. 1655 OF 1996
MOUNT KENYA INVESTMENTS ...........................................PLAINTIFF
VERSUS
1. ALLAN NGETHE
2. MWANGI GATIHO
3. CITY COUNCIL OF NAIROBI ......................................…DEFENDANT
R U L I N G
I have now perused this file. This matter was on 23rd October 2012 pending a preliminary ruling before Khaminwa, J over an issue that arose as the Judge was hearing an application to set aside judgment that was entered on 4th February 2010.
Khaminwa, J is no longer available to deliver this ruling. I note that the judgment of 4th February 2010 was entered by Onyancha, J after the learned Judge took evidence. Onyancha, J is still in this division. He is best suited to deal with the application to set aside his own judgment.
Let this matter therefore be placed before Onyancha, J for mention once he is through with the election petitions that he has been dealing with. A suitable mention date may be taken at the registry.
DATED AND SIGNED AT NAIROBI THIS 16TH DAY OF SEPTEMBER 2013
H. P. G. WAWERU
JUDGE
DELIVERED AT NAIROBI THIS 20TH DAY OF SEPTEMBER 2013