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Mbuthu & another v Wanja & another (Civil Application E061 of 2023) [2024] KECA 1387 (KLR) (11 October 2024) (Ruling)

[2024] KECA 1387 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
1387
Citation
[2024] KECA 1387 (KLR)
Decided
11 October 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for re-opening, reviewing and/or setting aside the judgment and the consequential orders of the Court of Appeal at NyeriCoramW. KARANJA, JAMILA MOHAMMED, A. O. MUCHELULE
Holding

The notice of motion lacks merit and is dismissed.

Facts

The applicants are the daughters of the deceased M'Imbutu, while the respondents are the widow and daughter of the deceased Majau. The applicants seek to review the judgment of the Court of Appeal dated 29th July, 2022.

Issues

  1. Review of the Court of Appeal's judgment
  2. Exercising review jurisdiction in exceptional circumstances

Reasoning

The Court finds no exceptional circumstances warranting the exercise of the review jurisdiction. The application is dismissed.

Outcome

Application dismissed

Authorities cited

Cases cited (3)
  • Benjoh Amalgamated Ltd v Kenya Commercial Bank Limited
  • Mohammed Jawayd Iqbal (Personal representative of the Estate of the late Ghulam Rasool Janmohamed) v George Boniface Mbogua
  • Fredrick Otieno Outa v Jared Odoyo Okello & 3 others
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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