[2009] KEHC 4232 (KLR)
The court found that the decree as drawn by the Plaintiffs' advocates, except for minor typographical errors, was consistent with the judgment delivered by Akiwumi, JA on 17th December, 1993. As the application was unopposed and no appearance was made by the Defendant, and there being no substantive objection to the...
Source-derived case information.
- Citation
- [2009] KEHC 4232 (KLR)
- Parties
- Plaintiff: Rathari Kambaaru; Plaintiff: Veronicah Wangari Ruthari; Defendant: Postal Corporation of Kenya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 2034 of 1987
- Procedural Posture
- Civil Case / Ruling on Application to Settle Decree
- Outcome
- Application allowed; decree settled as drawn by Plaintiffs' advocates; no order as to costs.
- Legal Topics
- Settlement of Decree, Unopposed Application, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rathari Kambaaru
Plaintiff
Veronicah Wangari Ruthari
Plaintiff
Postal Corporation of Kenya
Defendant
Procedural Posture
Civil Case / Ruling on Application to Settle Decree
Legal Issues
- 1 Whether the decree as drawn by the Plaintiffs' advocates is in accordance with the judgment delivered on 17th December, 1993.
- 2 Whether there should be an order as to costs for the present application.
Ratio Decidendi
The court found that the decree as drawn by the Plaintiffs' advocates, except for minor typographical errors, was consistent with the judgment delivered by Akiwumi, JA on 17th December, 1993. As the application was unopposed and no appearance was made by the Defendant, and there being no substantive objection to the draft decree, the court settled the decree as drawn. The court further exercised its discretion not to award costs for the application, given the lack of opposition and the nature of the relief sought.
Court Disposition
Application allowed; decree settled as drawn by Plaintiffs' advocates; no order as to costs.
Orders
- The decree is settled as drawn by the Plaintiffs' advocates, subject to correction of typographical errors.
- There will be no order as to costs of the application.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 2034 of 1987
1. RATHARI KAMBAARU
2. VERONICAH WANGARI RUTHARI .......................PLAINTIFFS
V E R S U S
POSTAL CORPORATION OF KENYA ......................DEFENDANT
R U L I N G
I have read the application by chamber summons dated 3rd February, 2009 and supporting affidavit. I have also perused the judgment of Akiwumi, JA (as he then was) delivered in this suit on 17th December, 1993.
The application is not opposed in that no papers have been filed in response thereto despite service. There was also no appearance for the Defendant at the hearing of the application.
I have perused the decree as drafted by the Plaintiffs’ advocates. Except for some typographical errors, I am satisfied that the decree as drawn is in consonance with the aforesaid judgment. The decree is therefore hereby settled as drawn by the Plaintiffs’ advocates. There will be no order as to costs of the application. It is so ordered.
DATED AT NAIROBI THIS 4TH DAY OF JUNE, 2009
H. P. G. WAWERU
J U D G E
DELIVERED THIS 5TH DAY OF JUNE, 2009