M.A v M.A [2014] KECA 466 (KLR)
- Court
- Court of Appeal
- Case number
- 466
- Citation
- [2014] KECA 466 (KLR)
- Decided
- 11 July 2014
The full court dismissed the reference with costs to the respondent, finding no error in principle in the single judge's exercise of discretion.
Facts
Mrs. A filed an application seeking to rescind an order made by Justice Koome JA on 12th July, 2012, which sought an extension of time to withdraw wrong copies of the record of appeal and file the right copies. The application was dismissed by Koome JA on 12th July, 2012, and Mrs. A filed a new application to rescind Koome JA's order on 16th September, 2013.
Issues
- Whether the single judge erred in rescinding Koome JA's order
- Whether the applicant's application was filed beyond the prescribed time limit
Reasoning
The court considered the relevant factors and found no misdirection or manifest error in the single judge's decision. The court also found no prejudice caused to any party by the dismissal of the application.
Outcome
Reference dismissed with costs to the respondent
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