Sheikh Ali Taib v George Ellam Wekesa & another [2005] KEHC 1758 (KLR)
- Court
- High Court of Kenya
- Case number
- 1758
- Citation
- [2005] KEHC 1758 (KLR)
The Court finds that the Notice of Motion was extracted and filed in the court's file. The Court also finds that the Notice of Appeal was filed but no appeal was filed in accordance with Court of Appeal rules and the period for filing such an appeal has expired. The objections raised by both Respondents are dismissed.
Facts
The applicant filed a Notice of Motion seeking to review a Court Order dated 22/4/2005. The Notice of Motion was grounded on new evidence showing that the property in dispute was not yet transferred to the applicant.
Issues
- Whether the Notice of Motion for Review of Court Order should be dismissed due to the applicant's failure to file a Memorandum of Appeal in accordance with Court of Appeal rules.
- Whether the Notice of Motion should proceed to hearing.
Reasoning
The Court ruled that the Notice of Motion was extracted and filed in the court's file. The Court also found that the Notice of Appeal was filed but no appeal was filed in accordance with Court of Appeal rules and the period for filing such an appeal has expired.
Outcome
The Notice of Motion for Review of Court Order is dismissed.
Orders
- Application of Notice of Motion to proceed to hearing is dismissed.
- Mr. Kiambaya is granted leave to file a Replying affidavit to the Notice of Motion.
- Mr. Kiambiya's application for leave to appeal is granted.
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