Charles Mbugua Njuguna v Cornelius Kimani [2014] KEHC 6504 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MISC. NO: 25 OF 2011

CHARLES MBUGUA NJUGUNA ……………………APPLICANT

VERSUS

CORNELIUS KIMANI…………………….………..RESPONDENT

RULING

1.  The interests of justice require that I allow the application dated 6th June 2013.  The same was filed timeously and a party should not suffer prejudice on account of mistake of counsel.

2.  As the predicament in which the applicant found himself in was occasioned by counsel, it is only fair that the said counsel do bear the costs of the application.

3.  The orders made on 4th June 2013 are hereby set side.  The application dated 21st February 2013 shall be heard inter partes.  The firm of Messers J.M. Njenga & Company Advocates shall pay throwaway costs of Kshs.5,000. 00 to the respondents.The said costs shall be paid within 14 days.

DATED, SIGNED and DELIVERED at NAIROBI this 14th  DAY OF March, 2014.

W. M. MUSYOKA

JUDGE