In the application dated 25.08.2022, the Respondent seeks to review and set aside the judgment dated 22.08.2022 allowing the appeal and setting aside the default judgment entered by the Subordinate Court against the Appellant. Having considered the application and the errors the Respondent has pointed out, I am not inclined to review the judgment principally because I would still allow the Appellant to defend the suit. Moreover, it is almost a year since the appeal was allowed. It is in the interests of justice to let the matter be heard on its merits.
The Application dated 25.08.2022 is dismissed with costs of Kshs. 5000.00.
DATED and DELIVERED at NAIROBI this 9th day of MAY 2023
D. S. MAJANJA
JUDGE