Wesley Kipyegon Bor & 8 others v Richard Pares & 3 others [2019] KEELC 3033 (KLR)

Summary at a glance

Facts

The Plaintiffs applied for a stay of execution of a previous decree and sought to review and set aside the court's ruling and orders made on August 29, 2018. The application was based on the discovery of new evidence and a report from the DCIO, Bomet.

Issues

• Whether the Plaintiffs met the conditions for review of the court's orders

Reasoning

The court finds merit in the application due to the discovery of new evidence and the pending proceedings for revocation of the grant, which were not available at the time the ruling was made.

Outcome

The application is granted, and the court sets aside the previous ruling.

Orders

• Review and set aside the orders dated 29 August, 2018
• Maintain the status quo pending the hearing and determination of the suit
• Allow the application
• Order the court to make any other or further orders in the interest of justice
• Order the court to provide for the costs of the application

Remedies

• Review and set aside the orders
• Maintain the status quo pending the hearing and determination of the suit

Authorities cited