[2012] KEHC 3002 (KLR)
The court found that prayer 3 was granted in error in the ruling of 18th May 2012, as it was only appropriate for an ex parte hearing. Upon review of the application dated 17th May 2011 and exercising its discretion under Section 99 of the Civil Procedure Act, the court held that only prayers 2 and 4 of the...
Source-derived case information.
- Citation
- [2012] KEHC 3002 (KLR)
- Parties
- Plaintiff: Muruaki Farmers Co-operative Limited; Defendant: Mwangi Njoroge Mwangi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 74 of 2010
- Procedural Posture
- Civil Case / Ruling on Correction of Previous Orders
- Outcome
- Prayers 2 and 4 of the Applicant's Amended Notice of Motion granted; prayer 3 set aside as erroneously granted.
- Judges
- MJA Emukule
- Legal Topics
- Correction of Orders, Ex Parte Hearing, Inter Partes Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muruaki Farmers Co-operative Limited
Plaintiff
Mwangi Njoroge Mwangi
Defendant
Procedural Posture
Civil Case / Ruling on Correction of Previous Orders
Legal Issues
- 1 Whether prayer 3 was erroneously granted in the ruling of 18th May 2012.
- 2 Whether only prayers 2 and 4 should have been granted following an inter partes hearing.
Ratio Decidendi
The court found that prayer 3 was granted in error in the ruling of 18th May 2012, as it was only appropriate for an ex parte hearing. Upon review of the application dated 17th May 2011 and exercising its discretion under Section 99 of the Civil Procedure Act, the court held that only prayers 2 and 4 of the Applicant's Amended Notice of Motion should have been granted, as these follow a hearing inter partes. The court thus corrected its previous orders to reflect this position.
Court Disposition
Prayers 2 and 4 of the Applicant's Amended Notice of Motion granted; prayer 3 set aside as erroneously granted.
Orders
- Prayers 2 and 4 of the Applicant's Amended Notice of Motion dated 17th May 2011 are granted.
- Prayer 3 granted in the ruling of 18th May 2012 is set aside as having been granted in error.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA ATNAKURU
CIVIL CASE 74 OF 2010
MURUAKI FARMERS CO-OPERATIVE LIMITED.......................................PLAINTIFF
VERSUS
MWANGI NJOROGE MWANGI................................................................DEFENDANT
RULING
On 17th July, 2012, Mr. Mboga learned moved and submitted that prayer 3 was granted in error in my Ruling of 18th May 2012 as that prayer could only be granted at an ex parte hearing which was done in this case. The prayers to be granted therefore would be prayers 2 and 4 which would follow a hearing inter partes. I have since looked at the application of 17th May 2011, and I entirely agree with Mr. Mboga. In exercise therefore of the discretion conferred upon this court by Section 99 of the Civil Procedure Act, (Cap. 21, Laws of Kenya), prayers granted in the Ruling of 18th May 2012 are prayers 2 and 4 of the Applicant\'s Amended Notice of Motion dated and filed on 17th May 2011. It is so ordered. Dated, signed and delivered at Nakuru this 20th day of July, 2012.
J. ANYARA EMUKULE JUDGE