Mount Kenya Investments v Allan Ngethe & 2 others [2013] KEHC 6636 (KLR)

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

R U L I N G

1.  I have now perused this file. This matter was on 23^rd 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 4^th 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 16^TH DAY OF SEPTEMBER 2013

H. P. G. WAWERU

JUDGE

DELIVERED AT NAIROBI THIS 20^TH DAY OF SEPTEMBER 2013