[2000] KEHC 433 (KLR)
The court found that the decree had in fact been properly approved by the debtor, contrary to the applicant's initial assertion. The court further held that although the application was filed under the wrong orders of the Civil Procedure Rules, such a procedural defect was not fatal in this instance. However, since...
Source-derived case information.
- Citation
- [2000] KEHC 433 (KLR)
- Parties
- Plaintiff: Uganda Electricals (K); Defendant: Exxado Paints & Allied Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 850 of 1998
- Procedural Posture
- Civil Case / Ruling on Application
- Outcome
- application dismissed with costs to the respondent
- Judges
- JK Mulwa
- Legal Topics
- Decree Approval, Procedural Defects, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda Electricals (K)
Plaintiff
Exxado Paints & Allied Limited
Defendant
Procedural Posture
Civil Case / Ruling on Application
Legal Issues
- 1 Whether the decree in question had been properly approved by the debtor.
- 2 Whether the application was fatally defective for being filed under the wrong orders of the Civil Procedure Rules.
Ratio Decidendi
The court found that the decree had in fact been properly approved by the debtor, contrary to the applicant's initial assertion. The court further held that although the application was filed under the wrong orders of the Civil Procedure Rules, such a procedural defect was not fatal in this instance. However, since the main ground for the application was abandoned and the remaining grounds were not substantiated, the application could not stand. The court therefore dismissed the application and awarded costs to the respondent.
Court Disposition
application dismissed with costs to the respondent
Orders
- The application is dismissed.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
Civ case 850 of 98
UGANDA ELECTRICALS (K)…………………………..PLAINTIFF
-VERSUS
EXXADO PAINTS & ALLIED LIMITED………….....DEFENDANT
RULING
Court:
I certified this matter urgent on the urging that the decree had not been approved. As it turns out the decree had been properly approved and Mr. Ndege does not give a satisfactory explanation as to how it came that he thought the decree was not approved to the extend that he used this fact to move the court on 13. 1.2000. He said he could now abandon this ground and rely on the other grounds. I FIND that the decree was fully approved by the debtor. I also find that the application is filed under the wrong orders under the Civil Procedure Rules. Although this is a procedural defect which is not fatal because of the issue of the decree as raised by the applicant. I will dismiss this application with costs to the Respondent.
Delivered this 14th day of February, 2000.
KASANGA MULWA
JUDGE