Kitulu t/a Muema Kitulu & Company Advocates v Maundu [2025] KEHC 4351 (KLR)

Kitulu t/a Muema Kitulu & Company Advocates v Maundu (Miscellaneous Civil Application 820 of 2013) [2025] KEHC 4351 (KLR) (Civ) (3 April 2025) (Ruling)

Neutral citation: [2025] KEHC 4351 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Civil

Miscellaneous Civil Application 820 of 2013

AC Mrima, J

April 3, 2025

Between

Muema Kitulu t/a Muema Kitulu & Company Advocates

Applicant

and

John Bosco Ngeta Maundu

Respondent

Ruling

1. This is a ruling on the application by way of a Notice of Motion dated 27th November 2024 for review of the ruling of this Court dated 12th May 2022 [hereinafter referred to as ‘the impugned ruling’] which was delivered by my sister Hon. Lady Justice D.O. Chepkwony.

2. The main reason for seeking review as can be drawn from the grounds and Affidavit in support of the application is that the impugned ruling was on an application by way of a Notice of Motion dated 9th December 2020 which application had already been determined by the late Hon. Lady Justice B. Thuranira Jaden [May her soul rest in peace] vide a ruling delivered on 24th March 2021.

3. The Applicant averred that there was, therefore, an apparent error on the face of the record which needed to be cured by allowing the review application. To the Applicant, the application on which a ruling was yet to be rendered was the Notice of Motion dated 23rd June 2021 which is still pending before Court.

4. The Respondent did not take part in the hearing of the application despite service.

5. The Applicant filed written submission dated 24th January 2025 wherein he cited several decisions on the legal prerequisites to determining review applications. He submitted that the application met the criteria set under Order 45 of the Civil Procedure Rules to warrant grant of the prayers sought.

6. This Court has had the liberty of going through the application, the submissions and the record. It is true there are two rulings dated 24th March 2021 and 12th May 2022 respectively. The said two rulings are on the same application which is a Notice of Motion dated 9th December 2020. Obviously, the latter ruling ought not to have been rendered since there was no substratum upon which the same would be founded on as the Notice of Motion dated 9th December 2020 had been long determined. The instant application is, hence, merited. Further, since this matter relates to an Advocate/Client Bill of Costs, it will, henceforth, be dealt with before the Civil Division.

7. In the end, the following orders do hereby issue: -a.The Ruling dated 12th May 2022 is hereby set-aside.b.This matter shall be fixed for directions on 29th April 2025 before the Presiding Judge of the Civil Division in respect of the Chamber Summons dated 23rd June 2021. Orders accordingly.

DELIVERED, DATED AND SIGNED AT NAIROBI THIS 3RD DAY OF APRIL, 2025. A. C. MRIMAJUDGERuling virtually delivered in the presence of:Mr. Kitulu, Learned Counsel for the Applicant.Mr. Musungu, Learned Counsel for the Respondent.Michael/Amina – Court Assistants.