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…Dissatisfied, the Appellant sought a review under Section 41(d) of the Small Claims Court Act (the Act) citing an “error of law apparent on the face of the record.”…

…Whether the Appellant demonstrated an error of law apparent on the face of the record as contemplated under Section 41(d) of the Small Claims Court Act.…

…In her ruling dated 5.3.2024, the trial adjudicator dismissed the application stating that it was filed one year later after the impugned judgement in violation of section 41 (2) of the Small Claims Court Act. 7.…

…Turning to whether the appellant warranted grant of the order of review, the Small Claims Court Act provides for Review in Section 41 of the Act as follows:- “Review of orders or awards of the Court (1) An Adjudicator may…

…In her ruling which is the subject of this appeal, the Honourable Adjudicator held that she had no jurisdiction to sit on appeal against her own ruling other than what is contemplated in Section 41 of the Small Claims Courts…

…From the record of appeal and the submissions of the appellant, it is clear to me that the bone of contention is whether the application dated 1-08-2024 fitted under Section 41 of the Small Claims Courts Act which provides…

…In her ruling which is the subject of this appeal, the Honourable Adjudicator held that she had no jurisdiction to sit on appeal against her own ruling other than what is contemplated in Section 41 of the Small Claims Courts…

…From the record of appeal and the submissions of the appellant, it is clear to me that the bone of contention is whether the application dated 1-08-2024 fitted under Section 41 of the Small Claims Courts Act which provides…

…In her ruling dated 5.3.2024, the learned adjudicator dismissed the application stating that it was filed one year later after the impugned judgment in violation of section 41 (2) of the Small Claims Court Act. 7.…

…Turning to whether the appellant warranted grant of the order of review, the Small Claims Court Act provides for Review in Section 41 of the Act as follows: “Review of orders or awards of the Court (1) An Adjudicator may,…

…(v) The Adjudicator further refused to review the said decision despite an application for review dated 13th March 2024 dismissing the Application on 14th August on grounds that the application does not fall under section…

…41 of the Small Claims Act.…

…That is unlike section 41 of the Small Claims Court Act, which requires a review application to be filed within 30 days of the order or award sought to be reviewed.…

…There appears, though, to be some untidiness, between section 41 of the Small Claims Court Act and Rule 29 of the Small Claims Court Rules.…

…The jurisdiction of the Small Claims Court to review its own orders is conferred by Section 41 of the Small Claims Court Act.…

…That question fell squarely within the review jurisdiction conferred upon the Small Claims Court under Section 41 of the Small Claims Court Act and Rule 29 of the Small Claims Court Rules, 2019. 35.…

…Section 41 does not allow appeals to the small claims court.…

…Though I note section 41 grants jurisdiction to review an error of law on the face of the record, it cannot apply to conclusions and findings already made.…

…Section 41 does not allow appeals to the small claims court.…

…Though I note section 41 grants jurisdiction to review an error of law on the face of the record, it cannot apply to conclusions and findings already made.…

…(v) The Adjudicator further refused to review the said decision despite an application for review dated 13th March 2024 dismissing the Application on 14th August on grounds that the application does not fall under section…

…41 of the Small Claims Act.…

…That is provided for under section 41 of the Small Claims Court Act, Cap 10A, Laws of Kenya.…

…Section 41 does not provide for a procedure, but the Small Claims Court Rules do, at Rule 29.…

…Section 41 of the Small Claims Court Act provides for review of the orders of the court as follows: (1) An Adjudicator may, on application by any aggrieved party or on his or her own motion, review any order of the Court…

…The record shows that the trial court did not even consider whether the Appellant had met the threshold set out in Section 41 of the Act to warrant the grant of the orders sought.…

…Review falls under Part V, which is on execution of the decree of the Small Claims Court, and, under section 41, an order may be reviewed where it was made ex-parte, without notice to the applicant; the claim or order was…

…Whereas section 41 appears to limit review to orders only, Rule 29 covers both decrees and orders. Does it make a difference? Ideally, it should, for a decree and an order are different.…

…Limitation of Ordinance, 1934 section 41 12 Indian Limitation Act 13. Limitation of Actions Act, Cap 22 14.…

…In that case express reference was made by Sir Joseph Sheridan C J to section 41 of the Limitation Ordinance, 1934, which applied the period laid down in the former Indian Limitation Act, which was said to be twenty years…

…s Law Dictionary, 9th Edition, Gardner, Ed.). 9) Under Consumer Protection Act, 2012 (CPA): Section 41 prohibits unconscionable conduct, including exploitative terms of contract. 10) Kenyan contract law is anchored in the…

…It held that the qualification and eligibility of candidates is governed by the Act and the Regulations and that the Regulations are adopted under section 41 of the Act to govern, inter alia, LSK elections.…

…In this regard, the Board observed that the Regulations were developed by the membership of LSK through the Council and approved by the membership at a Special General Meeting on 15.09.2018 pursuant to section 41 of the Act…

…It held that the qualification and eligibility of candidates is governed by the Act and the Regulations and that the Regulations are adopted under section 41 of the Act to govern, inter alia, LSK elections.…

…In this regard, the Board observed that the Regulations were developed by the membership of LSK through the Council and approved by the membership at a Special General Meeting on 15.09.2018 pursuant to section 41 of the Act…

…It held that the qualification and eligibility of candidates is governed by the Act and the Regulations and that the Regulations are adopted under section 41 of the Act to govern, inter alia, LSK elections.…

…In this regard, the Board observed that the Regulations were developed by the membership of LSK through the Council and approved by the membership at a Special General Meeting on 15.09.2018 pursuant to section 41 of the Act…