CHOGORIA TOWN COUNCIL v ALICE M. NYAGA (? 171 of 2001) [2007] KEHC 3088 (KLR) (26 April 2007) (Ruling)
- Court
- High Court of Kenya
- Case number
- 3088
- Citation
- [2007] KEHC 3088 (KLR)
- Decided
- 26 April 2007
The Application for review is not merited because the Applicant has not properly placed himself within the purview of Order XLIV of the Civil Procedure Rules. The orders of court made on 18.4.2002 are hereby set aside and the Application dated 11.4.2002 is to be heard de novo by any other judge.
Facts
The Respondent sought an extension of time to file an appeal from the decision of the Eastern Provincial Land Disputes Appeals Committee. The court granted an order by consent allowing the extension of time to file the appeal within 14 days.
Issues
- whether an order of review is available to the Applicant
- whether the conditions for review have been met
- whether the application for review is merited
Reasoning
The court held that the Application for review is not merited because the Applicant has not properly placed himself within the purview of Order XLIV of the Civil Procedure Rules. The application made on 11.4.2002 in view of the above Rule ought to have been served, but there is no evidence of service on record.
Outcome
Application dismissed with costs to the Respondent
Orders
- Orders of court made on 18.4.2002 are hereby set aside
- Application dated 11.4.2002 is to be heard de novo by any other judge
- Appeal filed pursuant to the grant of that Application (HCCA 30/2002) must be struck out
Remedies
- Application dated 11.4.2002 is to be heard de novo by any other judge
- Appeal filed pursuant to the grant of that Application (HCCA 30/2002) must be struck out
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Land Dispute Tribunal Act
- Civil Procedure Act
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