REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL DIVISION CIVIL CASE NO. 1655 OF 1996 MOUNT KENYA INVESTMENTS ...........................................PLAINTIFF VERSUS 1. ALLAN NGETHE 2. MWANGI GATIHO 3. CITY COUNCIL OF NAIROBI ......................................…DEFENDANT RULING 1. I have now perused this file. This matter was on 23rd October 2012 pending a preliminary ruling before Khaminwa, J over an issue that arose as the Judge was hearing an application to set aside judgment that was entered on 4th February 2010. 2. Khaminwa, J is no longer available to deliver this ruling. I note that the judgment of 4 th February 2010 was entered by Onyancha, J after the learned Judge took evidence. Onyancha, J is still in this division. He is best suited to deal with the application to set aside his own judgment. 3. Let this matter therefore be placed before Onyancha, J for mention once he is through with the election petitions that he has been dealing with. A suitable mention date may be taken at the registry. DATED AND SIGNED AT NAIROBI THIS 16TH DAY OF SEPTEMBER 2013 H. P. G. WAWERU JUDGE DELIVERED AT NAIROBI THIS 20TH DAY OF SEPTEMBER 2013
Original judgment
Civil Division v 1. Allan Ngethe 2. Mwangi Gatiho 3. City Council of Nairobi
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.