LEISURE CAR HIRE & TOURS SAFARIS LTD. vs IMPERIAL BANK LTD. [2002] KEHC 529 (KLR)
- Court
- High Court of Kenya
- Case number
- 529
- Citation
- [2002] KEHC 529 (KLR)
- Decided
- 28 January 2002
The application fails and is hereby dismissed with costs to be paid by counsel personally.
Facts
The plaintiff filed an application for review of the order made in the case to reject vital documentary evidence from the plaintiff. The application was based on the grounds that the court rejected production of the signed written sale agreement as court ex in error or oversight, and that the sale agreement forms the main case of the plaintiff's claim.
Issues
- Whether there was a formal or informal order or decree from which an appeal is allowed or from which no appeal has been preferred or decree or order from which no appeal is hereby allowed to give rise to the application for review.
- Whether the provisions of Order XLIV of the Civil Procedure Rules apply to the present case.
Reasoning
The court found that there was no formal or informal order or decree from which an appeal is allowed or from which no appeal has been preferred or decree or order from which no appeal is hereby allowed to give rise to the application for review. The provisions of Order XLIV of the Civil Procedure Rules do not apply to the present case.
Outcome
Dismissed
Orders
- Application dismissed with costs to be paid by counsel personally.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Evidence Act
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