JACKSON GATERE vs MOUNT KENYA BOTTLERS LIMITED [1997] KECA 378 (KLR)
- Court
- Court of Appeal
- Case number
- 378
- Citation
- [1997] KECA 378 (KLR)
- Decided
- 6 June 1997
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a decision of the High Court dismissing an application for reviewCoramJ.E. Gicheru, A.A. Laka, S.E.O. Bosire
Holding
The appeal fails and is dismissed with costs
Facts
The respondent sued the appellant for Shs. 278,732.35 for goods sold and delivered by the respondent to the appellant. The appellant filed a defence denying owing any sum and alleged repayment of the price of goods sold and delivered. The appellant applied for a review of the judgment under Order XLIV of the Civil Procedure Rules.
Issues
- Whether the appellant could obtain a review of the judgment under Order XLIV of the Civil Procedure Rules
- Whether the learned judge acted perversely in refusing to grant the application for review
Reasoning
The learned judge exercised a discretion in refusing to grant the application for review. The court is satisfied that there is no fault of principle exhibited by the learned judge, nor was the exercise of his discretion perverse.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Order XLIV of the Civil Procedure Rules
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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