[2010] KEHC 2235 (KLR)
The court found that there was no basis for issuing further directions as neither party had formally moved the court to correct or clarify the alleged error in the previous ruling. The judge noted that if any party believed there was an error in the ruling of 18th January 2009, the proper course was to make a formal...
Source-derived case information.
- Citation
- [2010] KEHC 2235 (KLR)
- Parties
- Plaintiff: Stephen Waweru; Defendant: The Committee Nyandundo Primary School; Defendant: Director of Settlement
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 232 of 2001
- Procedural Posture
- Civil Suit / Post Ruling Directions After Preliminary Objection and Bill of Costs Taxation
- Outcome
- No further directions given; parties advised to move the court if they seek correction of the previous ruling.
- Legal Topics
- Preliminary Objection, Directions by Court, Bill of Costs, Setting Down for Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Waweru
Plaintiff
The Committee Nyandundo Primary School
Defendant
Director of Settlement
Defendant
Procedural Posture
Civil Suit / Post Ruling Directions After Preliminary Objection and Bill of Costs Taxation
Legal Issues
- 1 Whether the direction to set the suit down for hearing after overruling the preliminary objection was erroneous given the matter had already been heard.
- 2 What directions, if any, the court should give regarding the confusion caused by the previous ruling.
Ratio Decidendi
The court found that there was no basis for issuing further directions as neither party had formally moved the court to correct or clarify the alleged error in the previous ruling. The judge noted that if any party believed there was an error in the ruling of 18th January 2009, the proper course was to make a formal application to the court. In the absence of such an application, the court declined to give any further directions and left the matter to be addressed through appropriate legal channels if necessary.
Court Disposition
No further directions given; parties advised to move the court if they seek correction of the previous ruling.
Orders
- No orders issued; parties to move the court appropriately if they seek correction or clarification.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Civil Suit 232 of 2001
STEPHEN WAWERU............................................................................PLAINTIFF
VERSUS
THE COMMITTEE NYANDUNDO PRIMARY SCHOOL....1ST DEFENDANT
DIRECTOR OF SETTLEMENT...............................................2ND DEFENDANT
RULING
During the taxation of the plaintiff’s bill of costs at the request of counsel the Deputy Registrar directed that the file be placed before me for directions.
When the matter came before me on 26th June 2010 Mr. Kimatta for the plaintiff argued that the last sentence in my ruling of 18th January 2009 in which I overruled the defendant’s preliminary objection and directed that the suit be set down for hearing has caused confusion. According to him, the matter having been heard that direction is erroneous.
Ms Natome for the defendants does not see anything wrong with the direction that the suit be set down for hearing. In the circumstances I do not understand what directions I am supposed to give. If either party thinks there is an error in my ruling of 18th January 2009, that party should appropriately move the court.
DATED and DELIVERED this 8th day of July, 2010.
D. K. MARAGA
JUDGE.