Hellen Cherono W/O Joel Kimutai Keino v John Kipkemoi Mutai & 4 others [2018] KEELC 3884 (KLR)
- Court
- Environment & Land Court
- Case number
- 3884
- Citation
- [2018] KEELC 3884 (KLR)
- Decided
- 13 April 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeReview of Court RulingPostureApplication for review of court rulingCoramJ.M ONYANGO
Holding
The court finds no merit in the plaintiff's application and dismisses it with no order as to costs.
Facts
The plaintiff filed an application seeking to review a court ruling dated 30 June 2017, which found that the plaintiff's suit was non-existent or had been dismissed. The plaintiff claimed that the 14-day period for paying auctioneers' fees had not run out due to the fees not being agreed or taxed.
Issues
- Whether the plaintiff has made out a case for review of the court's ruling dated 30 June, 2017.
- Whether this court is functus officio.
Reasoning
The court ruled that the plaintiff's suit was dismissed for failure to comply with the Ruling dated 25 November 2016, and that the court is functus officio.
Outcome
Dismissed with no order as to costs
Authorities cited
Cases cited (2)
- Origo & Another V Mungala (2005) 2KLR
- Jameny Mudaki Asava V Brown Otengo Asava & Another (2015 eKLR)
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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