PANISTAR COMPANY LIMITED V CATHERINE WANJIKU MWANGI & 2 OTHERS [2002] KEHC 787 (KLR)
- Court
- High Court of Kenya
- Case number
- 787
- Citation
- [2002] KEHC 787 (KLR)
- Decided
- 15 February 2002
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for review of an order made on 20th July 2000CoramONYANGO OTIENO
Holding
The application is dismissed as it is fatal due to the failure to annex the order to be reviewed, the unreasonable delay in filing the application, and the lack of new evidence.
Facts
The plaintiff, Panstar Company Limited, sought to have an order made on 20th July 2000 reviewed. The order was to review the reinstatement of the 3rd Defendant, Housing Finance Co. of (K) Ltd, into the suit and an injunction against the 3rd Defendant from selling the property.
Issues
- Failure to annex the order to be reviewed
- Discovery of new evidence
- Unreasonable delay in filing the application
Reasoning
The court found the application to be fatally flawed due to the failure to annex the order to be reviewed, the unreasonable delay in filing the application, and the lack of new evidence.
Outcome
Dismissed
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (2)
- G.M. Jivanji vs. M. Jivanji & another
- Bernard Githinji vs. Kirata Farmers Co-operative Ltd
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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