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…E268 of 2025 pending the hearing and determination of the review application.…

…The Respondent filed Grounds of Opposition dated 23rd April 2026 in opposition to the review application.…

…That is the prayer for two Judges who have not previously handled the case to hear the application for Review of Mead, J's 1981 appeal judgment. Mr.…

…Machio, for the applicants, urged me, equallystrongly, to set up a bench of two Judges to hear the Review application.…

…The way the review application was framed, appeared to suggest that it was premised on the ground of discovery of new and important matter.…

…Clearly, it was not an issue of new evidence, and the review application ought not have been determined from that perspective. 15.…

…That his application for review was seeking for review of maintenance from Kah.10,000/= to Ksh.5,000/= due to his changed financial circumstances. 3.…

…The applicant submitted that the ruling dismissing the review application was delivered on 24 th March 2026 and the present application filed without delay.…

…, renders the review application incompetent, and the same must be dismissed.…

…The review application is predicated on “a decree or order,” and no competent review application can be brought, unless the decree or order, sought to be reviewed, is formally extracted, and exhibited to the application.…

…The application for review of the previous orders was dismissed, and that for making the garnishee nisi order absolute was allowed.…

…It is not clear which of these orders is sought to be stayed, the dismissal of the review application, or the making of the garnishee nisi order absolute.…

…The main ground of the application for review was that there was an error apparent on the face of the record as to the actual date when the Judgment was delivered.…

…The Appellant submitted that the trial court erred in dismissing the application for review despite the serious errors on the face of the record.…

…On the third ground, he argues that he was condemned unheard, for he was not served with the review application, and it was determined without input from his side.…

…The decision, by the trial court, upon the filing of the review application, to consider evidence in documentary form, which is on record, could fall under that rubric. 13.…

…The Applicant’s deponent avers that the lower court’s impugned ruling dismissed their application to review the Court’s earlier order of 9th October 2023, which had directed it to file and serve its witness statements and…

…He states that by dismissing the review application, the lower court closed the defence case without affording the Applicant a hearing, contrary to Articles 25, 48, and 50 of the Constitution.…

…She had moved the Kadhi’s court through her review application dated 23.02.2026, seeking to review the courts judgment based on some fundamental errors noted on the face of the said judgment, but her application had been…

…She had filed her review application before the Kadhi’s court, six (6) years after the primary judgment, which application was dismissed on grounds that reasons for the delay had not been sufficiently explained.…

…The appellant was granted time to respond to the review application. The appellant did not file a response to the review, but filed written submissions.…

…The trial court initially acted on the handwritten application for review by the respondent on 3rd January 2024, when it delivered a ruling allowing that review.…

…application.…

…It was the Appellant’s view that lack of jurisdiction can form a solid ground for an application for review of a judgment of a Small Claims Court.…

…The Appellant is aggrieved by those findings, and by the dismissal of his review application.…

…Whether the trial court erred in dismissing the review application The governing principle is set out by the Court of Appeal in National Bank of Kenya Ltd v Ndungu Njau [1997] eKLR , where the court stated: “A court will…

…Later through his review application dated 18 th August 2025, he did apply to have the said maintenance order reviewed, on the basis that it was unsustainable as he had five other children to maintain and also sought for…

…Vide a ruling dated 15 th December 2025 the learned Kadhi did partially allow his review application and reduced the maintenance sum to Kshs 15,000/= monthly, which was still high/unfair as the said court had also wrongly…

…He avers that the Ruling dated 8th August dismissed his review application in total disregard to the doctrine of stare decisis and the court rendered its decision without jurisdiction.…

…However, the memorandum of appeal on record relates to the ruling dated 8th August 2024 in which the trial Court dismissed the applicant’s application for review.…

…CHEPTOO (PM) delivered on 29 th February 2024, where she dismissed the appellants review application dated 16 th October 2923, seeking to set aside judgment of the trial court dated 11 th August 2023 and all other consequential…

…The Appellant subsequently opted to challenge this judgment by filing their review application dated 16 th October 2023, where they pleaded that they had come across new evidence, which was that the suit motor vehicle was…

…Whether the setting aside Application was overtaken by events Whether the application for review was merited under Order 45 Rule 1.…

…I however find that the issues raised in the review application involving service, representation, and effect of previous applications required factual determination and were subject to debate.…

…The application for review was unopposed but in the impugned ruling delivered on 4 th March 2025, the trial court dismissed it, holding that the orders sought went to the core of the judgment, that it could not re-apportion…

…Dissatisfied with the dismissal of the review application, the Appellant lodged this appeal in which she contended that the trial court erred in holding that it was functus officio and in finding that the Appellant sought…

…Akida was handling a review application, dated 11th December 2024, which was challenging orders that had been made on 23rd July 2024, by Hon. TA Madowo, Deputy Registrar. The ruling that Hon.…

…Madowo, and determination of that review application fell upon Hon. Akida, who had taken the place of Hon. Madowo, as Deputy Registrar and taxing master.…