Daniel Lago Okomo v Safari Park Hotel Ltd & another [2018] KECA 261 (KLR)

Facts

Daniel Lago Okomo filed an application to review the judgment of the Court of Appeal at Nairobi (Visram, Karanja & Koome, JJ.A) dated 8th December, 2017, alleging mistakes and errors on the face of the record, and that the judges acted contrary to section 7 of the Civil Procedure Act.

Issues

1. Whether the application filed by Daniel Lago Okomo is urgent and should be placed before the court for further direction.
2. Whether the judgment of the Court of Appeal dated 8th December, 2017 should be set aside and judgment for the application as prayed for in the amended plaint entered.
3. Whether the hearing by the judges as from 28th November, 2012 to November 7th 2013 was contrary to section 7 of the Civil Procedure Act.
4. Whether the applicant was allowed to sue as a pauper without missing any points in the interest of impunity.
5. Whether the judgment as read on 8th December, 2017 is partial and fails to capture the oral testimonies of Daniel Lago Okomo.

Reasoning

The court found that the application does not justify its review of the judgment of the Court of Appeal, and that the court does not have jurisdiction to do so.

Outcome

Application dismissed with costs.

Authorities cited