Gilgil Telcoms Industries Limited & another v Nderitu & another (Civil Appeal (Application) 147 of 2013 & Civil Appeal 137 of 2013 (Consolidated)) [2025] KECA 1041 (KLR) (5 June 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1041
- Citation
- [2025] KECA 1041 (KLR)
- Decided
- 5 June 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for settlement of terms relating to the Judgment of the Court of AppealCoramJ. Mohammed, JUDGE OF APPEAL, Karanja, Mohamed, PM GACHOKA, Trollip, W. Karanja
Holding
The reference is devoid of merit, and the applicant's notice of motion dated 9th December 2020 is hereby dismissed with costs to the respondents.
Facts
The case involves disputes between Gilgil Telcoms Industries Limited and Duncan Nderitu, with TELKOM KENYA LIMITED and 55 others being involved in Civil Appeal 137 of 2013.
Issues
- Whether the applicant's notice of motion dated 9th December 2020 is admissible to contradict, vary, qualify, or supplement the judgment of the Court of Appeal.
- Whether the learned Judge acted within the remit of her discretion in the judgment of the Court of Appeal.
Reasoning
The full bench was aware of the preceding paragraphs in the same decision, where they had clearly made a definitive finding which remained unchanged.
Outcome
Dismissed
Orders
- The applicant's notice of motion dated 9th December 2020 is hereby dismissed with costs to the respondents.
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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