James Kariuki v Simon Gitahi Kariuki & 3 others [2020] KECPT 100 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 100
- Citation
- [2020] KECPT 100 (KLR)
The Tribunal has jurisdiction to review the Judgment and Orders if the 1st and 3rd Respondents can prove discovery of new and important matter, a mistake or error on the face of the record, or other sufficient reasons.
Facts
The 1st and 3rd Respondents moved the Tribunal seeking to review and set aside a Judgment and Orders issued on 19/9/2017, alleging discovery of new and important matter.
Issues
- Whether the 1st and 3rd Respondents have a proper basis to warrant the Tribunal to review the Judgment
- Who should meet the costs of the Application
Reasoning
The Court interpreted Order 45 of the Civil Procedure Rules, stating that a court can only review its order if there is discovery of new and important matter, a mistake or error on the face of the record, or other sufficient reasons.
Outcome
The Tribunal has jurisdiction to review the Judgment and Orders if the 1st and 3rd Respondents can prove the required conditions.
Orders
- The Tribunal will consider the Application and determine the issues raised by the Application
Remedies
- The 1st and 3rd Respondents may seek to review, vary, or set aside the Judgment and Orders if they can prove the required conditions
Authorities cited
Legislation (2)
- Civil Procedure Act (Cap 21), Laws of Kenya
- Order 45 of the Civil Procedure Rules, 2010
Cases cited (1)
- Francis Njoroge –vs- Stephen Maina Kanure [2018] eKLR
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