Ondiek & another v National Bank of Kenya Ltd & another (Civil Application E036 of 2024) [2025] KECA 859 (KLR) (16 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 859
- Citation
- [2025] KECA 859 (KLR)
- Decided
- 16 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication to review a previous judgmentCoramJ. Mativo, M. Gachoka, G.V. Odunga
Holding
The application is dismissed with costs as it amounts to an abuse of the process of the court.
Facts
The applicants sought to review a judgment delivered by suspended Judge Nambuye, J in Eldoret HCCC No 115 of 1999, alleging it was invalid due to the judge's suspension.
Issues
- Validity of a judgment delivered by a suspended judge
- Validity of an unsigned and undated judgment
- How a law firm obtained the judgment
- Whether a party may substitute one judgment relied upon at the High Court with a different one in the Court of Appeal
Reasoning
The court dismissed the application, stating that the applicant's actions constitute an abuse of the court's process, as they have previously been declined in previous decisions.
Outcome
Application dismissed with costs
Authorities cited
Cases cited (2)
- J M Mwakio v Kenya Commercial Bank Ltd.
- Kenya Section of the International Commission of Jurists v. the Attorney- General and two 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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