RATHARI KAMBAARU & VERONICAH WANGARI RUTHARI v POSTAL CORPORATION OF KENYA [2009] KEHC 4232 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (NAIROBI LAW COURTS)

Civil Case 2034 of 1987

1.   RATHARI KAMBAARU

2.   VERONICAH WANGARI RUTHARI .......................PLAINTIFFS

V E R S U S

POSTAL CORPORATION OF KENYA ......................DEFENDANT

R U L I N G

I have read the application by chamber summons dated 3rd February, 2009 and supporting affidavit.  I have also perused the judgment of Akiwumi, JA (as he then was) delivered in this suit on 17th December, 1993.

The application is not opposed in that no papers have been filed in response thereto despite service.  There was also no appearance for the Defendant at the hearing of the application.

I have perused the decree as drafted by the Plaintiffs’ advocates.  Except for some typographical errors, I am satisfied that the decree as drawn is in consonance with the aforesaid judgment.  The decree is therefore hereby settled as drawn by the Plaintiffs’ advocates.  There will be no order as to costs of the application.  It is so ordered.

DATED AT NAIROBI THIS 4TH DAY OF JUNE, 2009

H. P. G. WAWERU

J U D G E

DELIVERED THIS 5TH DAY OF JUNE, 2009