Case law
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Division and case type: High Court DivCivil Appeal
…The power to set aside orders in the Civil Procedure Rules is discretionary and is exercised to achieve justice between parties.…
…The common grounds upon which a court can set aside orders include and are not limited to lack of service or improper service, sufficient cause for non-attendance, mistake, error, inadvertence or excusable mistake; fraud,…
Division and case type: High Court DivCommercial Miscellaneous
…This court cannot review or set aside orders made by the lower court which are not challenged on appeal. The applicant ought to have filed an application for review before the trial court or an appeal before this court.…
Division and case type: High Court CivilCivil Appeal
…That the Honourable court be pleased to issue an ex parte order of stay/ or and set aside orders given on 25th June 2025 dismissing the appeal for want of prosecution together with all other consequential orders. iii.…
…aside the orders of 25th June 2025 and reinstate the appeal for the best interest of justice. • That I am ready to comply with the court’s directions and orders for the hearing of the appeal herein. • That I swear this affidavit…
Division and case type: High Court Judicial ReviewJudicial Review
…aside orders issued in this matter on the 25th day of September, 2023 which directed inter alia, that a warrant of arrest do issue against Mr.…
…Analysis and determination: Following are the issues for determination: 1) Whether this court vary, vacate and/or set aside orders issued in this matter on the 25th day of September,2023 which directed inter alia, that a…
Division and case type: High Court CriminalCriminal Revision
…The conviction and sentence entered against the applicant are hereby set aside. ORDERS 1. The conviction and sentence in Criminal Case No. E1142 of 2025 are set aside. 2.…
Division and case type: High Court FamilyFamily P&A Intestate
…The Honourable Court be pleased to review, vary and or set aside its orders made on 17 th November 2016 and the process server who effected service of the hearing notice for the said application dated 7 th August 2015 be…
…The Honourable Court be pleased to review, vary and or set aside its orders made on 4 th March 2015 and its place the Honourable Court do allocate all that parcel of land known as LR KAJIADO/ OLE KASASI/687 to Michael Gitau…
Division and case type: High Court DivFamily P&A Intestate
…The applicant therefore urged this court to find and hold that the rectification undertaken was improper in law and to proceed to review, vary and/or set aside the orders of 29th February, 2024.…
…In the instant matter it would therefore be in the interest of justice to set aside the orders of 29th February, 2024 leading to the issuance of rectified grant.…
Division and case type: High Court DivFamily P&A Intestate
…I am of the view that the application is meritorious as none of the affected parties has appealed/stayed /set aside orders. 18. In the circumstances the application is allowed. 19. The order of Justice C.…
Division and case type: High Court Judicial ReviewJudicial Review
…The application is brought under certificate of urgency on account that the Sports Disputes Tribunal has refused to hear an application seeking to set aside orders that were issued ex parte and which have crippled the operations…
Division and case type: High Court CivilCivil Case Miscellaneous
…Caltex Oil Kenya Ltd. ]1989] KLR This court lacks jurisdiction to set aside orders issued by a court of concurrent jurisdiction .…
Division and case type: High Court CivilJudicial Review
…Having considered the pleadings and the applicable law, the issues to be resolved in the instant application are firstly whether this Court has jurisdiction to set aside orders in granting the prayers as sought of the application…
Division and case type: High Court CivilCivil Appeal
…aside orders of the court made on 22 November 2022 but the application had been declined.…
…That Honourable Kiage erred by dismissing our application to set aside the orders that he had issued since they were unenforceable.” 9.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…The issues for determination are: (i) Whether this Court should set aside the orders of 16th January, 2023 and reinstate the appeal for hearing on merit; and (ii) Who is to bear the costs of the application? 12.…
…The applicant has now moved this Court to have it exercise its discretion and set aside the dismissal orders and reinstate the appeal.…
Division and case type: High Court DivCivil Case Miscellaneous
…The Respondents submissions are that the applicants filed the instant application seeking the court to review or sets-aside its orders where the court dismissed the applicant’s initial application for lack of jurisdiction…
…Where material facts emerge that were not available despite due diligence when the orders were made then the court can exercise discretion and set aside orders and reinstate an application or suit.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…He took the view, that if the orders are not set aside, the 1st and 2nd respondents will have been condemned unheard.…
…be set aside as a matter of right.…
Division and case type: High Court DivCivil Appeal
…The Operative Order 51 Rule 15 of the Civil Procedure Rules vests in the court, the power to set aside orders made ex-parte. 10. This court has unfettered discretion to vacate ex-parte orders on terms that are just.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…For the avoidance of doubt, all subsequent proceedings founded upon the said application, including any interlocutory steps taken pursuant thereto, are equally rendered incompetent and are hereby set aside.…
…Orders accordingly. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 26TH DAY OF SEPTEMBER 2025. F. MUGAMBI JUDGE '…
Division and case type: High Court CriminalCriminal Miscellaneous Application
…In the application, the court has been called upon to set aside orders of the subordinate court which declined to recuse itself from the matter.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The issues that arise for determination are as follows: i) Whether the Court should set aside the orders setting down the suit for hearing of the counterclaim in order to allow compliance with pre-trial directions. ii) Whether…
…Whether the Court should set aside the orders setting down the suit for hearing of the counterclaim in order to allow compliance with pre-trial directions. 13.…
Division and case type: High Court CivilCivil Appeal
…THAT this court be pleased to set aside the orders made on 2nd December, 2024 by Hon.…
…These provisions collectively clothe the court with wide and unfettered discretion to manage proceedings, enlarge time, review or set aside its orders and to ensure that justice is administered substantively rather than mechanistically…