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DANIEL CHEBUTUK ROTICH & 2 others v EMIRATES AIRLINES [2009] KEHC 3305 (KLR)

[2009] KEHC 3305 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3305
Citation
[2009] KEHC 3305 (KLR)
Decided
11 June 2009
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for review of final orderCoramD. K. MARAGA
Holding

Application for review dismissed with costs

Facts

Legacy Auctioneers applied for review of Justice Musinga's order declaring Emirates Airlines not liable to pay auctioneers bill dated 30th October 2006. The decretal sum was in a joint deposit account of the parties' advocates.

Issues

  1. Applicants' rights were adjudicated upon in their absence
  2. Applicants claim loss and prejudice if order is not reviewed

Reasoning

Justice Musinga did not err in his ruling as the applicants failed to appear before him and did not seek to be heard regarding costs. Applicants cannot claim to have been condemned unheard.

Outcome

Application dismissed

Orders

  • Application for review dismissed
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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