Kariuki v Gaturu [2025] KEHC 4517 (KLR)

Kariuki v Gaturu (Civil Appeal E066 of 2023) [2025] KEHC 4517 (KLR) (7 April 2025) (Ruling)

Neutral citation: [2025] KEHC 4517 (KLR)

Republic of Kenya

In the High Court at Nyeri

Civil Appeal E066 of 2023

LP Kassan, J

April 7, 2025

Between

Sarah Wangari Kariuki

Applicant

and

Peter Macharia Gaturu

Respondent

Ruling

1. I have read the entire High court file and it is true that the lower court set aside its judgment dated 20/12/2022. I asked for the lower ocurt file to understand the circumstances under which the judgment was set aside but I was only supplied with proceedings up to 23/12/2023.

2. In my ruling which is a sub-suit of application for review, I clearly indicated that I had no typed proceedings and so I was at a disadvantaged position to determine some issues. this has clearly come out. I appreciate that this is among the files that came under RRI and time was of essence.

3. This end, I shall order that the physical lower court file be supplied as soon as possible for me to write the ruling on review.

4. For clarification on awards, I wish to state the following:1. The throw away costs was 10,000/- and not 15,000/-.2. This is a Nyeri matter.3. The ruling was delivered twice; just like all my matters under RRI that is on 3/7/2024 and 14/8/2024. The reason as to why I did this is because many advocates did not turn up on 3/7/2024 which was the first date of judgment. I directed notices be issued for 14/8/2024 for me to re-read the rulings/judgments.4. (Later) Parties still being absent – lower court file (physical copy) to be availed. Mention 16/6/2025.

DELIVERED, DATED AND SIGNED AT NAIROBI THIS 7THDAY OF APRIL 2025. HON. L. P. KASSANJUDGEIn the presence of;No appearance for partiesCarol – Court Assistant