[2014] KEHC 570 (KLR)
The court found that there was an error in its previous orders as highlighted by the applicant's affidavit and supporting documents. The respondent did not oppose the application for review, as evidenced by the No Objection Note. In light of these circumstances, the court determined that it was appropriate to review...
Source-derived case information.
- Citation
- [2014] KEHC 570 (KLR)
- Parties
- Plaintiff: Rose Wangui Kimani; Defendant: Michael Ndungu Nginya; Defendant: Joseph Irungu Gichiri
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 696 of 1996
- Procedural Posture
- Civil Suit / Ruling on Application for Review of Court Orders
- Outcome
- application for review allowed
- Judges
- REA Ougo
- Legal Topics
- Review of Orders, Release of Deposit, Release of Title Deed
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose Wangui Kimani
Plaintiff
Michael Ndungu Nginya
Defendant
Joseph Irungu Gichiri
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Review of Court Orders
Legal Issues
- 1 Whether the court should review its orders given on 4/4/12.
- 2 Whether the moneys deposited by the plaintiff should be released to the 2nd defendant.
- 3 Whether the title deed should be released to the 2nd defendant.
Ratio Decidendi
The court found that there was an error in its previous orders as highlighted by the applicant's affidavit and supporting documents. The respondent did not oppose the application for review, as evidenced by the No Objection Note. In light of these circumstances, the court determined that it was appropriate to review and vary its earlier orders to allow the release of the deposited moneys and the title deed to the 2nd defendant, in accordance with the order dated 5/12/2003.
Court Disposition
application for review allowed
Orders
- The moneys so far deposited by the plaintiff be released to the 2nd defendant pursuant to the order dated 5/12/2003.
- The title deed of land parcel Thika Municipality Block 13/42 registered in the 2nd defendant’s name Joseph Irungu Gichiri be released to the 2nd defendant.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL SUIT NO. 696 OF 1996
ROSE WANGUI KIMANI……………………….......PLAINTIFF/RESPONDENT
VERSUS
MICHAEL NDUNGU NGINYA………………......….…….…….1ST DEFENDANT
JOSEPH IRUNGU GICHIRI…………….….…....2ND DEFENDANT/APPLICANT
RULING
The applicant seeks to review the orders this Court gave on the 4/4/12. I have read the affidavit of Mr. Dola Indidis indicating the error the court made. It is deponed that only a draft notice of appeal was placed in the file dated the 17/12/13. I have seen the No Objection Note dated 30/7/2014 that states that they do not oppose the application dated 17/6/2014 from the Respondent. In light of all these averments and documents attached I find it is in order to review the orders I gave. I therefore review the orders as follows that:-
That the moneys so far deposited by the plaintiff be released to the 2nd defendant pursuant to the order dated 5/12/2003.
The title deed of land parcel Thika Municipality Block 13/42 registered in the 2nd defendant’s name Joseph Irungu Gichiri be released to the 2nd defendant.No orders as to costs.
Dated, Signed and delivered this 21st Day of November 2014.
R. E OUGO
JUDGE
In the presence of:
………………………………………………….………PLAINTIFF/RESPONDENT
……………………………….......…………..…………….…….1ST DEFENDANT
…………………………………………….……..2ND DEFENDANT/APPLICANT
……………….………………………………………………………..COURT CLERK