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…(On the application for review dated 25 th May 2025) 1. The matter before this Court stems from a Judgment delivered by the Hon.…

…Section 80 of the Civil Procedure Act and Order 45 Rules (1) and (2) provide the legal and procedural framework for applications for review. Order 45 (1) (2) provides as follows:- 1.…

…He urges the court to set aside both the ruling dismissing the application for review and the consent judgment itself.…

…On the first issue, the Respondent submits that the trial court did not err in dismissing the application for review.…

…Senior Resident Magistrate at Makindu on an application for review. That the appeal has very high chances of success.…

…It probably hoped that if the application for review failed it would then pursue the appeal. It was gambling with the law and judicial process.…

…The Appellant challenges the trial court’s exercise of discretion dismissing his application for review.…

…What was before the trial court was not an appeal but an application for review of its decision.…

…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.…

…That the learned trial Adjudicator erred in Law and fact in dismissing the appellant's application for review dated 20/2/2024 despite the application being meritorious. 6.…

…to call was all along known to them and in any case, the applicants had filed appeal which was struck out before the filing of the application for review.…

…Frederick Kangwamu and another [1963] E.A. 557 when he held that: “A point which may be a good ground of appeal may not be a good ground for an application for review, and an erroneous view of evidence or of law is not a…

…Before the said application could be heard, however, the plaintiffs abandoned it and decided to file an application for review. B. Plaintiffs’ instant application 4.…

…Whether there is merit in the plaintiffs’ application for review of the decree 11. The court has considered the material and submissions on record on this issue.…

…In Kisya Investments Ltd -v- Attorney General and Another Civil Appeal No. 31 of 1995 the Court held that a party who has filed a Notice of Appeal cannot apply for review but if application for review is filed first, the…

…for review is filed.…

…E038 of 2020, dismissing the Appellant’s application for review of the judgment delivered on 2 March 2022. 2. The Appellant was the plaintiff in the lower court.…

…Finally, the learned magistrate held that there was inordinate delay in bringing the application for review.…

…The Learned magistrate dismissed the application for review. 10.…

…They further argued that the trial court failed to determine the application for a review. The court holds a different view.…

…Therefore, despite the lodging of a notice of appeal the court has jurisdiction to entertain an application for review...…

…I therefore find that the application for review herein is not an abuse of the process of court and the same can be determined by this court.…

…Section 80 of the Civil Procedure Act and Order 45 Rules (1) and (2) provide the legal and procedural framework for applications for review. Order 45 (1) (2) provide:- 1.…

…To whom applications for review may be made [Order 45, rule 2] (1)An application for review of a decree or order of a court, upon some ground other than the discovery of such new and important matter or evidence as is referred…

…By its Ruling dated 5th April 2023, the trial court dismissed the Applicant’s application for review. The court also issued an order of status quo and directed that the orders of 30th December 2022 to remain in force.…

…The Respondent maintained that the application for review of the court orders on account of discovery of new evidence by the appellant fell short of the threshold set for such an application.…

…It was contended that there was an error opponent on the face of the record hence the same should be corrected through the application for review. 4.…

…There is no indication on record of the defendants having filed a response to the application for review. There is also no indication on record of the defendants having filed any submissions to the application.…

…The Appellant/Respondent namely Allan K Kipangus being dissatisfied, filed an Application for review dated 14 th January, 2025.…

…The Learned Adjudicator dismissed the Application for review on the basis that the same did not meet the threshold for application for review.…

…Mistaking the Appellant’s Application for Review dated 20 th March, 2024 for an Application for Rectification of Grant; ii.…

…Dismissing the Appellant’s Application for Review dated 20 th March, 2024; iv.…

…They contend that in an application for review or setting aside a judgment or order of the court under Order 45 Rule 1 of the CPR, an Applicant must demonstrate the Discovery of new and important matter or evidence which,…

…Even assuming that this Court overlooks the ineptitude of not properly invoking the Court, the Applicant does not also address to an application for review or setting aside an ex-parte judgment or order and no reasons has…

…for review of consent judgment. 2.…

…It was further pleaded that the court erred by delivering the ruling dated 03.07.2025 whilst the applicants had a pending application dated 11.06.2025 for leave to amend their earlier application for review.…

…E037 of 2020, dismissing the Appellant's application for review of the judgment delivered on 2nd March 2022. 2. The Appellant was the plaintiff in the lower court.…

…The application for review was dismissed, giving rise to the present appeal. Grounds of Appeal 4.…