OCHANDA ONGURU T/A OCHANDA ONGURU & CO. ADVOCATES v ASHA SHARIFF ALWY ABRAAR [2009] KEHC 1886 (KLR)
- Court
- High Court of Kenya
- Case number
- 1886
- Citation
- [2009] KEHC 1886 (KLR)
- Decided
- 2 September 2009
The court ordered that the application be dismissed as the plaintiff failed to show that there has been discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge and could not be produced at the time the decree was passed.
Facts
The plaintiff sought two main orders: a stay of execution and a review and setting aside of a consent order dated 4th March, 2008 and consequential orders arising therefrom. The plaintiff claimed that the defendant's counsel had no practicing certificate and acted contrary to the plaintiff's instructions.
Issues
- Whether the plaintiff has satisfied the requirements of Order XLIV Rule 1 of the Civil Procedure Rules.
- Whether the application was made without unreasonable delay.
Reasoning
The court considered the application, the supporting affidavit, the grounds of opposition, and the submission of counsel. The court found that the plaintiff did not meet the requirements of Order XLIV Rule 1 of the Civil Procedure Rules.
Outcome
The application was dismissed.
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