Kalume v Barasa (Civil Appeal 2 of 2018) [2023] KEELC 449 (KLR) (1 February 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 449
- Citation
- [2023] KEELC 449 (KLR)
- Decided
- 1 February 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a previous orderCoramM.A. Odeny
Holding
The application is dismissed with costs as it lacks merit and is a delaying tactic.
Facts
Evans Tuma Kalume filed two applications seeking similar orders, one on June 24, 2021 and another on November 4, 2021. The court had previously made an order expunging the November 4, 2021 application due to an unprocedural Notice of Change of Advocates.
Issues
- Whether the November 4, 2021 application for review is merited
- Whether the court should stay further proceedings with regards to the Respondent's sentencing for contempt of court
Reasoning
The court held that the application is not for review but rather an abuse of court process. The correct avenue for aggrieved parties is to appeal, not to seek review.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act Cap 21
- Civil Procedure Rules, 2010
Cases cited (1)
- Republic v Advocates Disciplinary Tribunal Ex parte Apollo Mboya (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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