Rose Wangui Kimani v Michael Ndungu Nginya & 1 other

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:1. That the moneys so far deposited by the plaintiff be released to the 2 nd defendant pursuant to the order dated 5/12/2003. 2. The title deed of land parcel Thika Municipality Block 13/42 registered in the 2 nd defendant’s name Joseph Irungu Gichiri be released to the 2 nd 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