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…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.…

…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.…

…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.…

…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.…

…Application for review of decree or order (1) Any person considering himself aggrieved- (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred; or (b) by a decree or order from…

…It is this court’s view that the basis of an application for review of an order is on the recovery of new and important matters or evidence which after due diligence, was not within the Applicant’s knowledge or could not…

…An application for review of exercise of discretion is not an appeal or a chance for the applicant to re-argue his/her application.…

…With respect, I did not think that those were grounds upon which an application for review could be premised.…

…The first issue was whether the application for review was merited.…

…Further an application for review may also be made on account of some mistake or error apparent on the face of the record, or for any other sufficient reason.…

…The application for review must strictly prove the grounds for review, except for review on the ground of mistake or error apparent on the record, falling which the application will not be granted.” (Emphasis added) 14.…

…The Court of Appeal had the following to say in an application for review, in the National Bank of Kenya Ltd vs Ndungu Njau (1997) eKLR:- “A review may be granted whenever the court considers that it is necessary to correct…

…Further the Application for review must be made without unreasonable delay.…

…The said decided cases have set parameters to be considered in deciding whether to allow or not to allow an application for review.…

…for review is merited.…

…Whether the instant Application for review is merited.…

…for review where an appeal has been preferred.…

…The question is whether the filing of a notice of appeal is akin to filing an appeal for purposes of an application for review.…

…for review: “Consequently, drawing from the case law above, particularly Mbogo and Another v Shah, we lay down the following as guiding principles for application(s) for review of a decision of the Court made in exercise…

…The guiding principles in an application for review are found under Section 80 of the CPA and Order 45 of the CPR .…

…Application for review of decree or order (1) Any person considering himself aggrieved- (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred; or (b) by a decree or order from…

…It is this court’s view that the basis of an application for review of an order is on the recovery of new and important matters or evidence which after due diligence, was not within the Applicant’s knowledge or could not…

…While considering an application for review grounded on alleged discovery of new and important evidence, the Court is required to exercise great caution since an application for review is not meant to afford the losing party…

…The Defendants/Applicants’ claim that they had become adverse possessors by the year 2018 is not a question of evidence and has no place in an application for review.…

…He averred that the present application for review ought to be filed in HCCC No. 89 of 1996 where the court had had issued orders as to ownership and registration.…

…Further an application for review may also be made on account of some mistake or error apparent on the face of the record, or for any other sufficient reason.…

…Under sub-rule 1(1)(b) that applications for review should be made before the “court which passed the decree or made the order without undue delay” and Sub-rule 2(1) provides that “An application for review of a decree or…

…The taxation ruling delivered on 3rd July 2024 that is subject matter of the instant application for review was not by myself, and is evidently by Hon. J. Nyariki.…

…Submissions The Applicant submitted that this is was a proper Application for review under Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules since there was an error Apparent on the face of the…

…The Plaintiff on the other hand submitted that this was not a proper Application for review under Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules since there was an error Apparent on the face…

…The guiding principles for an application for review were laid down by the Supreme Court in Parliamentary Service Commission –vs- Martin Nyaga Wambora & Others (2018) eKLR where the apex Court quoting with approval the decision…

…application(s) for review of a decision of the Court made in exercise of discretion as follows: (i) A review of exercise of discretion is not as a matter of course to be undertaken in all decisions taken by a Limited Bench…