Multichoice (Kenya) Ltd v Wananchi Group (Kenya) Limited & 2 Others [2020] KECA 633 (KLR)
- Court
- Court of Appeal
- Case number
- 633
- Citation
- [2020] KECA 633 (KLR)
- Decided
- 22 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court's decision in Petition No. 98 of 2012CoramOuko, (P), Makhandia, Kiage, Gatembu, Sichale
Holding
The appeal is dismissed with costs to the respondents.
Facts
The case involves an appeal from the High Court's decision regarding the application of Order 45 of the Civil Procedure Rules, specifically whether a party who has filed a notice of appeal can also apply for review of a decision.
Issues
- Whether a party who has filed a notice of appeal can also apply for review of a decision under Order 45 of the Civil Procedure Rules.
- The correct practice and circumstances for constituting a bench of more than three judges in the Court of Appeal.
Reasoning
The Court of Appeal held that a party who has filed a notice of appeal cannot simultaneously apply for review of a decision under Order 45 of the Civil Procedure Rules. The Court emphasized that the notice of appeal is a mere expression of an intention to appeal and does not bar a party from applying for review.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Civil Procedure Rules
- 2010 Constitution
Cases cited (3)
- Kisya Investments Limited v. The Attorney General & Another (1966)
- Yani Haryanto v. E.D & F. Man. (Sugar) Limited (1992)
- Equity Bank Ltd v. West Link Mbo Ltd (2013)
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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