Orioki v Olweny & another; Masese (Interested Party) (Environment & Land Case 266 of 2017) [2023] KEELC 16299 (KLR) (16 March 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 16299
- Citation
- [2023] KEELC 16299 (KLR)
- Decided
- 16 March 2023
Summary at a glance
TypeCivilPostureAppeal from a previous rulingCoramOMBWAYO
The court cannot review its previous ruling as the plaintiff failed to show that the ruling was based on an error apparent on the face of the record.
Facts
The plaintiff filed a motion seeking to set aside a previous ruling dismissing her suit due to the death of the defendants and the subsequent closure of the file.
Issues
- Whether the court can review its previous ruling
- Whether the previous ruling was based on an error apparent on the face of the record
Reasoning
The court held that the plaintiff did not provide sufficient evidence to show that the previous ruling was based on an error apparent on the face of the record, and thus, the court cannot review its previous ruling.
Outcome
The plaintiff's motion to set aside the previous ruling was denied.
Authorities cited
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