Kilkenny City will play the first of their relegation play-off matches against Waterford United at Buckley Park tonight after the First Division club won a High Court battle against Dundalk yesterday.

Dundalk had pressed for the three points Kilkenny earned in their replayed game against Limerick two weeks ago to be excluded from the final division table, a move which would have placed Dundalk rather than Kilkenny in third place.

But in the wake of Friday's hearing of the case, Mr Justice Finnegan said yesterday that he believed that Fran Carter was properly registered with City at the time of their original game and the club should therefore retain the points at the heart of the dispute.

Each side, including the league, has been ordered to pay its own costs.

"It's over now," said City secretary Jim Rhattigan yesterday, "and basically we feel that, having done nothing wrong, we finished ahead of Dundalk and are entitled to be in the playoffs.

"There was," he added, "probably an element of the league digging a hole for itself, and there's probably a strong case after all of this for everybody sitting down and taking a long hard look at the rule book."

City manager Paul Power can now concentrate on the play-off games, with the second of them down for Saturday night. The club received confirmation from Merrion Square yesterday that the suspension imposed on Jonathan Prizeman will not take effect until the first game of next season and so he is available.

But there is some doubt about local man Brian Jordan, who has been suffering with a hamstring injury and faces a late fitness test.

Waterford, meanwhile, have a full squad to choose from.