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…VERSUS HASSAN SAIDI DELE ................................RESPONDENT MAJOR HENRY MWALUGHA..................RESPONDENT RULING This application by way of a summons in chambers is brought to this Court under section 18 of the Civil…

…Procedure Act.…

…These actions fall under as 61 and 62 of the Civil Procedure Act and they are limited to public nuisance and public charity.…

…That a relator action was required in the specific action concerning a public charity as provided for by the Civil Procedure Act, was reiterated in the case of Wakf Commissioners v Mohamed bin Umeya bin Abdulmajid bin Mwijabu…

…The power of the Court to review its own orders or judgments is donated by s 80 of the Civil Procedure Act, and o XLIV Civil Procedure Rules. The power is exercisable where certain conditions are satisfied.…

…The matter is res judicata having been adjudicated upon (see section 7 of the Civil Procedure Act). I decline to reconsider the matter. Having come to the foregoing conclusion, prayer (8) does not arise.…

…The power of the Court to review its own orders or judgments is donated by s 80 of the Civil Procedure Act, and o XLIV Civil Procedure Rules. The power is exercisable where certain conditions are satisfied.…

…The matter is res judicata having been adjudicated upon (see section 7 of the Civil Procedure Act). I decline to reconsider the matter. Having come to the foregoing conclusion, prayer (8) does not arise.…

…objection and the supporting affidavit, then the only feasible course open to the defendant is to satisfy me that there is in fact a reference before the Tribunal and that I should stay these proceedings under section 6 of the Civil…

…Procedure Act to enable the parties pursue their dispute before the Tribunal.…