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…latter doctrine does not give immunity in transaction of a commercial nature” The second defendant has now filed an application asking the Court to review its dismissal order on the grounds inter alia that the order contains errors…

…of law apparent on the face of the record.…

…He said the omission to consider the defence is an incurable error of law. Grounds 2 and 3 were argued together.…

…Miss Ngugi disagreed with Mr Odero’s submission that there are errors of law as regards sentence. She said failure to consider mitigation is here a curable irregularity under section 382 of the Criminal Procedure Code.…

…So, to this court it does not appear right for the appellant to seek orders that the ruling of 17.7.95 be reviewed for an apparent error of law on the face of the record.…

…Indeed, that was an error of law on the face of the record in the application to set aside his judgment dated 20th May, 1998.…

…Any other provisions therein in this regard can only be the subject of strained interpretation with possible error of law.…

…Any other provisions therein in this regard can only be the subject of strained interpretation with possible error of law.…

…I therefore hold that the learned judge did not fall into any error of law when he took the appellant’s conduct into consideration in quantifying the damages and I am in disagreement with Mr Hayanga on that score.…