GITHINJI KAGIRI & another v THIONGO MURIITHI & another [2005] KEHC 274 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NYERI

Civil Case 79 of 1995

GITHINJI KAGIRI……………………….…............................….1ST PLAINTIFF/RESPONDENT

WAMBUI THIONG’O………………….........................………..2ND PLAINTIFF/RESPONDENT

Versus

THIONGO MURIITHI…..……............................…………....1ST DEFENDANT/RESPONDENT

PETER NGIRUBIU MURIITHI……...........................………2ND DEFENDANT/RESPONDENT

RULING

In this Notice of Motion dated 22nd December 2004 and brought under Order XLIV Rule 1, Order L Rules 1 and 12 and all enabling provisions of the law the Applicant prays for orders:-

“1.     THAT this Honourable court be pleased to review its judgment of 18. 10. 2000 and all consequential orders.

2. THAT there be a stay of proceedings pending the outcome of this application.

3. THAT costs of this application be provided for.”

Mr. Gathiga Mwangi appears for the Applicant while Mr. Kebuka Wachira appears for the Respondent.

As I look at the grounds, on the face of the said Notice of Motion, in support of the Notice of Motion, I get the impression that the Notice of Motion is not properly brought and ought not to stand.  Otherwise I entirely agree with what was said by Mr. Kebuka Wachira.

Accordingly, I do hereby declare the said Notice of Motion incompetent and dismiss it with costs to the Respondents.

Dated this 14th day of November 2005.

J. M. KHAMONI

JUDGE