[2014] KEHC 2447 (KLR)
The court found that the correction of names as sought by the applicant was necessary to enable the implementation of its earlier judgment. There was no opposition to the application, and the court exercised its discretion to allow the correction to ensure that the judgment could be effectively enforced. The court...
Source-derived case information.
- Citation
- [2014] KEHC 2447 (KLR)
- Parties
- Appellant: Stanley Kaumbuthu; Respondent: Esther Kathiiri Stanley
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 119 of 2013
- Procedural Posture
- Civil Appeal / Ruling on Application for Correction of Names
- Outcome
- Application for correction of names allowed; no order as to costs.
- Judges
- FM Njoroge
- Legal Topics
- Correction of Names, Implementation of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Kaumbuthu
Appellant
Esther Kathiiri Stanley
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Correction of Names
Legal Issues
- 1 Whether the court should grant the application for correction of names to facilitate implementation of the judgment.
- 2 Whether costs should be awarded for the application.
Ratio Decidendi
The court found that the correction of names as sought by the applicant was necessary to enable the implementation of its earlier judgment. There was no opposition to the application, and the court exercised its discretion to allow the correction to ensure that the judgment could be effectively enforced. The court also determined that there should be no order as to costs, likely due to the non-contentious nature of the application and in the interests of justice.
Court Disposition
Application for correction of names allowed; no order as to costs.
Orders
- The application for correction of names is allowed as prayed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL APPEAL NO. 119 OF 2013
STANLEY KAUMBUTHU...............................................................................APPELLANT
VERSUS
ESTHER KATHIRI...............................................................APPLICANT/RESPONDENT
R U L I N G
This application under certificate of urgency dated 14. 7.2014 seeks orders:
That this honourable court be pleased to grant the Applicant's application for correction of names to read as Stanely Kaumbuthu M'Mugwika alias Stanely Kaumbuthu M'Ntiru, Esther Kathiiri Stanley and Fredrick Muriungi Kaumbuthu for the reasons stated in the annexed affidavit of Esther Kathiiri Stanley and more reasons to be adduced during the hearing of this application.
That no orders as to costs of this application.
During hearing of the application on 17. 7.2014 the applicant told the court that the orders sought in the application were meant to allow the implementation of the court's judgment delivered on 23rd June, 2014.
In the circumstances, the application is allowed. I issue no order as to costs.
It is so ordered.
Delivered in Open Court at Meru this 17th day of July, 2014 in the presence of:
Cc Daniel/Daniel
Esther Kathiiri Stanley
P. M. NJOROGE
JUDGE