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…DEFENDANT RULING On 12th May, 2000 the Resident Judge Eldoret, Lady Justice Nambuye wrote to me thus on the above case: - "There is an application for Review pending in theabove file.…

…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.…

…On 21t February, 1995 faced with all the three applications, counsel for both parties agreed that all the three applications namely: application for eviction filed on 23rd August, 1994, application for review filed on 26th…

…Application for review being of course the main application in that if granted there would be no need for hearing the application for eviction or the application for enlarging of time.…

…In an application for review under Order 44, rule 1, which this one is, the applicant must demonstrate the discovery of a new and important matter or evidence which, after exercise of due diligence, was not within his knowledge…

…So O 14 r.7 should ordinarily apply i.e. no further application for review should be entertained where one had once been refused. But Mr.…

…Appeals and yet other appeals arose from a point of technicality and applications upon applications for review started.…

…This court formed the view that the application before the court is an application for review in disguise.…

…P. with whom the rest of the court agreed said that the consent judgment could be challenged in the suit itself and as I understand him, by an application for review under the order relating to that procedure.…

…Following the deponements of the managing director in the supporting affidavits of the application for review, counsel for the plaintiff/respondent successfully sought and was granted leave to issue summons to the advocate…

…Relying on the case of National Bank of Kenya Limited v Ndungu Njeru Nairobi CA No 211/96 counsel submitted that the application is incompetent because being an application for review the grounds should have been stated in…