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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.…

…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.…

…In the Application for review dated 30th July 2014, the Respondent seeks to review the decision as regards the award to Evans Jegegu Koyi the only successful Claimant.…

…She submitted that the Respondent challenged the computations and the nding that there were no submissions was erroneous and the decision should thus be reviewed and the Application for Review be allowed as prayed. 4.…

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

…for review.…

…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…

…for review.…

…To this Mr Ghadialy in supporting the judges ruling stated that the application for review did not contain any material and that the decision of the DO was within the knowledge of the appellants.…

…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…

…The application for review was heard, as the parties agree, on May 4, 1987, and the ruling given on June 3, 1987. A stay of proceedings was also granted for two months from then.…

…The defendant was further hampered by the lost application for review against this assessment on March 24, 1987.…

…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.…

…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…

…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…

…(c) That the Petitioner has failed to give cogent evidence in support of his application for review and or setting aside orders made on 2nd July, 2015.…

…I would refuse to review it even if I were satisfied that, this was a proper application for review.…