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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…

…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.…

…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.…

…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.…

…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.…

…The inordinate delay in the filing of the application for review. 3. Absence of any sufficient grounds.…

…for review.…

…This appeal is against a ruling dismissing an application for review of the judgment of the lower court. 11.…

…The third ground for review is worded broadly; an application for review can be made for any other sufficient reason. 13.…

…for review out of time.…

…While considering an application for review, the court must confine its adjudication with reference to material, which was available at the time of initial decision.…

…The appellant further contend that the Magistrate court failed to evaluate all the evidence placed before it and erroneously dismissed the appellant application for review.…

…Order 45 Rule 1 of the Civil Procedure Rules sets down the criteria for review applications as follows: - 1.…

…An application for review was filed. 6. Acting on the principles of Article 159(2) (c) and (d) of our Constitution, I gave the parties the opportunity to agree on a burial place for their person.…

…The application for review is dated 16/4/2024 brought under Order 45 Rule 1(a) of the Civil Procedure Rule, sections 1A, 1B and 3A of the Civil Procedure Act. 9.…

…In his grounds of opposition to the application for review filed in the superior court on 16th November, 1998, the appellant herein stated that there was no basis upon which an application for review could be granted and…

…Ougo who appeared for the appellant herein in the superior court and also appears for him in this Court is recorded to have responded to the respondent’s application for review by saying: “Application must show error on the…