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JudgmentCLEOPHAS OKWARA AND PETER MANYURU AND 3 Others VS WEST KENYA SUGAR COMPANY LIMITED AND MUMIAS SUGAR LIMITED AND 7 Others1 min read

CLEOPHAS OKWARA AND PETER MANYURU AND 3 Others VS WEST KENYA SUGAR COMPANY LIMITED AND MUMIAS SUGAR LIMITED AND 7 Others

High Court at Busia High Court · · W. Musyoka

1. I have read and considered the Motion, dated 16th July 2025.
2. It asks me to review, under Order 45 Rule 1 of the Civil Procedure Rules, an alleged error in the directions and orders made on 15th July 2025.
3. The review jurisdiction, under Order 45, is of errors or mistakes in the record of the court, not on errors in the record of the parties.
4. The court made no error, and there is, therefore, no error on the face of the record, to be corrected under Order 45. 
5. The principal function of the ex parte application is grant of leave, the order that the leave granted operate as stay is secondary.
6. I do not think that there is basis for me to revisit the directions of 15th July 2025, and I hereby decline the order sought.
7. Order made at Busia on this 17th day of July 2025.
W MUSYOKA
JUDGE

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