Case Metadata |
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Case Number: | Civil Case 1165 of 2003 |
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Parties: | JOHN BOSCO NGETA MAUNDU v WILLIAM WAMBUA KIWIA , CHARLES MUTUKU, BAUMANNS LTD & ATTORNEY GENERAL |
Date Delivered: | 09 Oct 2009 |
Case Class: | Civil |
Court: | Court of Appeal at Nairobi |
Case Action: | Ruling |
Judge(s): | John Micheal Khamoni |
Citation: | JOHN BOSCO NGETA MAUNDU v WILLIAM WAMBUA KIWIA & three others [2010] eKLR |
Court Division: | Civil |
Parties Profile: | Individual v Individual |
County: | Nairobi |
Case Summary: | .. |
Case Outcome: | Chamber Summons granted |
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 |
REPUBLIC OF KENYA
COURT OF APPEAL AT NAIROBI
CIVIL CASE 1165 OF 2003
JOHN BOSCO NGETA MAUNDU………………………………………..…….PLAINTIFF
Versus
WILLIAM WAMBUA KIWIA…………………………………………...1ST DEFENDANT
CHARLES MUTUKU……………………………………………………….2ND DEFENDANT
BAUMANNS LTD…………………………………………………………..3RD DEFENDANT
THE HON ATTORNEY GENERAL………………….………………….4TH DEFENDANT
RULING
Mr. Mwangi and Mr. Kitulu, learned Counsel conducting the Applicants and the Respondents cases respectively in the Chamber Summons before me dated 29th July 2009 recorded a consent that I do decide the said Chamber Summons on the basis of their relevant filed affidavits.
From what Mr. Mwangi told me, what remains to be decided in the chamber Summons is prayer number 3 and prayer number 5. Prayer number 3 states
“THAT the orders dismissing the 2nd Defendant’s application dated the 10th of December 2008 be set aside and the application reinstated for hearing.”
Prayer number 5 is for costs.
I have had the opportunity to read the said affidavits in the light of what is stated in the Chamber Summons and grounds thereon and bearing in mind the powers of this Court in terms of Section 3 A of the Civil Procedure Act, I am inclined to give further opportunity to the Applicant in the Chamber Summons dated 10th December 2008 hoping he has learned a lesson from the past so that from now on delaying tactics including the conduct of ignoring court orders on his part or his Counsel will be avoided, to lead to finalization of this suit without further delay.
Accordingly, the Chamber Summons is hereby granted in terms of prayer number 3 and the Applicant/2nd Defendant to pay costs of the Chamber Summons to the Respondent/Plaintiff.
Counsel for the 2nd Defendant and Counsel for the Plaintiff jointly or any of them separately to take hearing date for the Chamber Summons dated 10th December 2008 at the Registry on priority basis.
The said hearing be before any other judge in the Civil Division of this court.
Dated this 9th day of October 2009.
J.M. KHAMONI
JUDGE