Case Metadata |
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| Case Number: | Election Petition 2 of 2013 |
|---|---|
| Parties: | Mohamed Koriyow Hassan & another v I.E.B.C & 3 others |
| Date Delivered: | 23 May 2013 |
| Case Class: | Civil |
| Court: | Election Petition in Magistrate Courts |
| Case Action: | Order |
| Judge(s): | Ndungu H.N (Miss) CM |
| Citation: | Mohamed Koriyow Hassan & another v I.E.B.C & 3 others [2014] eKLR |
| Advocates: | Mwangi Charles for the petitioner Mwangi J. K. holding brief for Garane for the 1st respondent |
| Court Division: | Civil |
| Advocates: | Mwangi Charles for the petitioner Mwangi J. K. holding brief for Garane for the 1st respondent |
| History Advocates: | Both Parties Represented |
| Case Outcome: | Allowed |
| 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
IN THE CHIEF MAGISTRATE’S COURT AT GARISSA
ELECTION PETITION NO. 2 OF 2013
MOHAMED KORIYOW HASSAN……………………..1ST PETITIONER
MOHAMED ADEN DUBOW…………………………….2ND PETITIONER
VERSUS
I.E.B.C……………………………………………………..1ST RESPONDENT
THE CLERK GARISSA COUNTY……………………2ND RESPONDENT
MOHAMED ABEY MOHAMED…….……….….……3RD RESPONDENT
ABUBAKAR MOHAMED SHIDE.….……….….……4TH RESPONDENT
14/05/13
BEFORE ME : NDUNG’U H. N. (MISS) CM
C/CLERK : HALIMA
Mwangi Charles for the petitioner
Mwangi J. K. holding brief for Garane for the 1st respondent
MWANGI CHARLES: The matter is coming up for directions and also to report on service. We have served the 1st respondent. 2nd respondent and the 3rd and 4th have not been served but have been notified by telephone and email on this matter. The one who has been problematic is the 3rd respondent he promised to give us his email but never did so though we talked to him on phone.
We have complied. We wish to have two weeks to allow the parties to negotiate out of court as there are indications that there is a possibility of a settlement. We ask for two weeks time to report back on the outcome of negotiations. That’s all.
NDUNG’U H. N. (MISS) CM
14/05/13
MWANGI J. K: The 1st respondent does not oppose the adjournment for two (2) weeks. However we shall be asking for today’s costs. Further if the petitioner wishes to withdraw at any time before commencement of hearing of the petition the 1st respondent maintains that it should be awarded costs. The security should be given to the 1st respondent as all other parties have not filed their papers. That’s all.
NDUNG’U H. N. (MISS) CM
14/05/13
MWANGI CHARLES: Nothing in response.
NDUNG’U H. N. (MISS) CM
14/05/13
ORDER: Mention 23/05/2013. The 1st respondent to have today’s costs assessed at Kshs. 5,000/-.
NDUNG’U H. N. (MISS) CM
14/05/13
23/05/13
BEFORE ME : NDUNG’U H. N. (MISS) CM
C/CLERK : HALIMA
Mwangi J. K. for 1st respondent
Charles Mwangi for petitioner
CHARLES MWANGI: We have agreed on the issues and we pray it be marked as settled with no order as to costs as per the filed consent.
NDUNG’U H. N. (MISS) CM
23/05/13
ORDER: Orders then in terms of the letter of consent filed this morning and dated 23rd May 2013 that is to say.
“By consent the parties agree to have this election petition marked as settled with no order as to costs. The security for costs deposit to be released to the petitioners”.
NDUNG’U H. N. (MISS) CM
23/05/13
FURTHER ORDER: Proceedings to be typed for record purposes and for release to parties if they need them.
NDUNG’U H. N. (MISS) CM
23/05/13
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