Rose Wangui Kimani v Michael Ndungu Nginya & Joseph Irungu Gichiri [2014] KEHC 570 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL SUIT NO. 696 OF 1996

ROSE WANGUI KIMANI……………………….......PLAINTIFF/RESPONDENT

VERSUS

MICHAEL NDUNGU NGINYA………………......….…….…….1ST DEFENDANT

JOSEPH IRUNGU GICHIRI…………….….…....2ND DEFENDANT/APPLICANT

RULING

The applicant seeks to review the orders this Court gave on the 4/4/12. I have read the affidavit of Mr. Dola Indidis indicating the error the court made. It is deponed that only a draft notice of appeal was placed in the file dated the 17/12/13. I have seen the No Objection Note dated 30/7/2014 that states that they do not oppose the application dated 17/6/2014 from the Respondent. In light of all these averments and documents attached I find it is in order to review the orders I gave. I therefore review the orders as follows that:-

That the moneys so far deposited by the plaintiff be released to the 2nd defendant pursuant to the order dated 5/12/2003.

The title deed of land parcel Thika Municipality Block 13/42 registered in the 2nd defendant’s name Joseph Irungu Gichiri be released to the 2nd defendant.No orders as to costs.

Dated, Signed and delivered this 21st Day of November 2014.

R. E OUGO

JUDGE

In the presence of:

………………………………………………….………PLAINTIFF/RESPONDENT

……………………………….......…………..…………….…….1ST DEFENDANT

…………………………………………….……..2ND DEFENDANT/APPLICANT

……………….………………………………………………………..COURT CLERK