Michael Afudho Aoko v Joab Oduor Otieno & 2 others [2019] KEELC 8 (KLR)
- Court
- Environment & Land Court
- Case number
- 8
- Citation
- [2019] KEELC 8 (KLR)
- Decided
- 20 December 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the Siaya Magistrates CourtCoramA. O. Ombwayo, Environment & Land Judge
Holding
The application for review is dismissed with costs as the appeal is still pending.
Facts
The Appellant filed an application for review of a judgment and orders issued by the Siaya Magistrates Court, claiming the judgment was based on an error apparent on the face of the record. The Appellant also sought the transfer of the original file to the Siaya Principal Magistrate's Court for review.
Issues
- Whether an application for review filed after lodging an appeal is competent
- Whether the application for transfer of the lower court file ought to be allowed
Reasoning
The Court found the application for review at the lower court is a nullity because the appeal is still pending. The Court dismissed the application for transfer of the lower court file as it would be an abuse of the court's process to allow a review while an appeal is already under way.
Outcome
Appeal dismissed
Orders
- Application for review dismissed with costs
- Application for transfer of the lower court file dismissed
Authorities cited
Legislation (3)
- Order 45 Rule 1
- African Airlines International Ltd v Eastern and Southern African Trade and Development Bank [2003] 1 EA 1
- Rosemary Wanjiru Njiraini v Officer in Charge of Station Molo Police Station & another [2019] eKLR
Cases cited (2)
- African Airlines International Ltd v Eastern and Southern African Trade and Development Bank [2003] 1 EA 1
- Rosemary Wanjiru Njiraini v Officer in Charge of Station Molo Police Station & another [2019] 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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