Case Metadata |
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| Case Number: | Misc Appli 2 of 1994 |
|---|---|
| Parties: | BENARD NGARI v VIRGINIA KARIUKO |
| Date Delivered: | 25 May 2007 |
| Case Class: | Civil |
| Court: | High Court at Nyeri |
| Case Action: | Ruling |
| Judge(s): | Mary Muhanji Kasango |
| Citation: | BENARD NGARI v VIRGINIA KARIUKO [2007] eKLR |
| Case Summary: | [RULING] Civil Practice and Procedure-judgment-where the applicant seeks court orders to enter judgment of the award of a Land Dispute Tribunal-where the award was filed and read in court nine years prior to the present application-validity of the application |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
BENARD NGARI…………………………………………...PLAINTIFF
Versus
VIRGINIA KARIUKO………………..…..……..………..DEFENDANT
RULING
VIRGINIA NGARI the applicant herein has brought an application of Notice of Motion dated 3rd November 2006 brought under Order KLV Rule 17 of the Civil Procedure Rules. The applicant seeks an order of the court to enter judgment of the award filed in court on 15th April 1998 and read by the court on 17th September 1998. The said award was by Land Gichugu Land Tribunal Court. The award was read by the court as stated herein before but it has not been made a judgment of the court because of intervention of applications made by the Respondent. The Respondent was served with the present application but failed to attend the hearing.
I have considered the application and the supporting affidavit and I find that the prayers sought are merited. Accordingly the court grants the following order:
(1) That judgment be and is hereby entered of the Award of Land Dispute Tribunal Gichugu filed in court on 15th April 1998.
(2) That there shall be no order as to costs in respect of the Notice of Motion dated 3rd November 2006.
Dated and delivered at Nyeri this 25th day of May 2007.
MARY KASANGO
JUDGE
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