CALVINCE OKETCH VS ELLY KUDU OCHIENG ONYANGO

RULING

1. I have considered the Appellant’s notice of motion dated 23^rd October 2023 brought under the provisions of Order 45 of the Civil Procedure Rule 2010, Sections 1, 3, 49 and 100 of the Civil Procedure Act and Articles 49, 50 and 159 of the Constitution of Keya 2010 and the affidavit sworn by Cliford Otieno Obiero on even date and I have perused the Appellant’s notice of motion dated 6^th July, 2023 and I do note that indeed this is an apparent error on the face of record as the proceedings of the 18^th July, 2023 seem to make reference to another file.
2. In light of the above findings, I do hereby allow this application which the Respondent has opted not to oppose and I make the following orders:
3. The orders made herein on 25/7/2023 and 19/10/2023 are hereby reviewed and the Appellant’s appeal herein and the notice of motion dated 6/7/2023 are hereby reinstated with no orders as to costs.
4. Mention on 6/6/2024 for taking of directions on the Appellant’s notice of motion dated 6/7/2023.

It is hereby so ordered.

Dated, signed and delivered at Kisumu this 31^st day of May, 2024