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CHOGORIA TOWN COUNCIL v ALICE M. NYAGA [2007] KEHC 424 (KLR)

[2007] KEHC 424 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
424
Citation
[2007] KEHC 424 (KLR)
Decided
26 April 2007
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for review of ordersCoramISAAC LENAOLA
Holding

The Application for review is dismissed, and the orders of 18.4.2002 are set aside. The appeal is struck out.

Facts

The Town Council applied for an extension of time to file an appeal, which was granted by Mulwa J. on 18.4.2002. The Council sought to set aside these orders and strike out the appeal.

Issues

  1. whether an order of review is available to the applicant
  2. whether the conditions for review have been met
  3. whether the application was made within a reasonable time

Reasoning

The court found that the application was not made within a reasonable time and that the conditions for review were not met. The court also noted that the application was not properly served.

Outcome

Application dismissed, orders set aside, appeal struck out

Orders

  • Orders of 18.4.2002 set aside
  • Appeal filed pursuant to the grant of that Application is struck out

Remedies

  • Set aside orders of 18.4.2002
  • Strike out appeal

Authorities cited

Legislation (2)
  • Civil Procedure Rules
  • Civil Procedure Act
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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