1. The Applicant seeks review of the ruling delivered on 26th March 2025 on the ground that the court erroneously stated that the Applicant had not sought an order setting aside the statutory demand notice dated 13th June 2024.
2. The Applicant points out that Prayer 4 of the Application dated 3rd July 2024 expressly sought an order setting aside the statutory demand notice. The Respondent opposes the application and states that, in any event, the statutory demand was withdrawn by a letter dated 3rd December 2024.
3. The jurisdiction of the court under Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules is limited to correction of an error apparent on the face of the record or for other sufficient reason. Review is not an appeal through the back door.
4. I have perused the Application dated 3rd July 2024, and I agree with the Applicant that there was indeed a prayer seeking to set aside the statutory demand notice. To that extent, the court fell into error in stating that no such prayer had been sought.
5. That finding alone, however, does not entitle the Applicant to the orders sought. The Respondent has exhibited a letter dated 3rd December 2024 withdrawing the statutory demand notice, and the Applicant has not disputed that fact.
6. Once the statutory demand was withdrawn, there was nothing left to set aside. Courts do not issue orders in vain. Further, the court had also found the earlier application incompetent and misconceived.
7. In the circumstances, although there was an apparent error in the ruling of 26th March 2025, no useful purpose would be served by reviewing or varying the orders of the court.
8. The Notice of Motion dated 3rd June 2025 is therefore dismissed. Each party shall bear its own costs.
9. It is so ordered.
DATED, SIGNED, AND DELIVERED AT NAIROBI
THIS 11TH DAY OF JUNE 2026
HON. MR. JUSTICE MOSES ADO
Judge of the High Court
In the Presence of:
Moses C/A
Shimoli………………for the Applicant
Kering…………for the Respondent
2. The Applicant points out that Prayer 4 of the Application dated 3rd July 2024 expressly sought an order setting aside the statutory demand notice. The Respondent opposes the application and states that, in any event, the statutory demand was withdrawn by a letter dated 3rd December 2024.
3. The jurisdiction of the court under Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules is limited to correction of an error apparent on the face of the record or for other sufficient reason. Review is not an appeal through the back door.
4. I have perused the Application dated 3rd July 2024, and I agree with the Applicant that there was indeed a prayer seeking to set aside the statutory demand notice. To that extent, the court fell into error in stating that no such prayer had been sought.
5. That finding alone, however, does not entitle the Applicant to the orders sought. The Respondent has exhibited a letter dated 3rd December 2024 withdrawing the statutory demand notice, and the Applicant has not disputed that fact.
6. Once the statutory demand was withdrawn, there was nothing left to set aside. Courts do not issue orders in vain. Further, the court had also found the earlier application incompetent and misconceived.
7. In the circumstances, although there was an apparent error in the ruling of 26th March 2025, no useful purpose would be served by reviewing or varying the orders of the court.
8. The Notice of Motion dated 3rd June 2025 is therefore dismissed. Each party shall bear its own costs.
9. It is so ordered.
DATED, SIGNED, AND DELIVERED AT NAIROBI
THIS 11TH DAY OF JUNE 2026
HON. MR. JUSTICE MOSES ADO
Judge of the High Court
In the Presence of:
Moses C/A
Shimoli………………for the Applicant
Kering…………for the Respondent