Waiganjo v Unga Group Limited (Civil Application E036 of 2023) [2024] KECA 289 (KLR) (8 March 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 289
- Citation
- [2024] KECA 289 (KLR)
- Decided
- 8 March 2024
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TypeCivil ApplicationPostureApplication for review of the Orders and Ruling of this Court (Ouko, Karanja, & Musinga, JJ.A.) dated 29th January 2021 in Civil Application No. 89 of 2018CoramF. Sichale, F. Ochieng, W. Korir
Holding
The application is dismissed in its entirety.
Facts
Jonathan M. Waiganjo applied for a stay of the ruling in respect of the application dated 26th September 2018 and for the Court to review the pending ruling. Unga Group Limited opposed the application.
Issues
- Whether the applicant was served with the application dated 26th September 2018
- Whether the applicant was condemned unheard in the respondent's application
Reasoning
The applicant was served with the application dated 26th September 2018 through registered post. The applicant's allegation of non-service is not supported by evidence.
Outcome
Application dismissed
Orders
- The notice of motion dated 11th July 2023 is dismissed in its entirety
Authorities cited
Cases cited (1)
- Otieno Outa v. Jared Odoyo Okello & 3 others (supra)
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