STEPHEN WAWERU v COMMITTEE NYANDUNDO PRIMARY SCHOOL & DIRECTOR OF SETTLEMENT [2010] KEHC 2235 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU

Civil Suit 232 of 2001

STEPHEN WAWERU............................................................................PLAINTIFF

VERSUS

THE COMMITTEE NYANDUNDO PRIMARY SCHOOL....1ST DEFENDANT

DIRECTOR OF SETTLEMENT...............................................2ND DEFENDANT

RULING

During the taxation of the plaintiff’s bill of costs at the request of counsel the Deputy Registrar directed that the file be placed before me for directions.

When the matter came before me on 26th June 2010 Mr. Kimatta for the plaintiff argued that the last sentence in my ruling of 18th January 2009 in which I overruled the defendant’s preliminary objection and directed that the suit be set down for hearing has caused confusion. According to him, the matter having been heard that direction is erroneous.

Ms Natome for the defendants does not see anything wrong with the direction that the suit be set down for hearing. In the circumstances I do not understand what directions I am supposed to give. If either party thinks there is an error in my ruling of 18th January 2009, that party should appropriately move the court.

DATED and DELIVERED this 8th day of July, 2010.

D. K. MARAGA

JUDGE.