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Peter Muchiri Mwangi v Mololine Services Limited & another [2014] KEHC 6758 (KLR)

[2014] KEHC 6758 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
6758
Citation
[2014] KEHC 6758 (KLR)
Decided
28 February 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for review of judgment following an appealCoramM. J. ANYARA EMUKULE
Holding

The court dismisses the application with costs to the first and second defendants.

Facts

The Plaintiff sought to challenge a judgment and decree regarding the compensation for a parcel of land repossessed by the Commissioner of Lands, alleging that the judgment was based on evidence not presented to him before the hearing.

Issues

  1. Whether the application is incompetent
  2. Whether the Applicant has satisfied the grounds for review of the judgment of the court

Reasoning

The court found that the application was incompetent as the Plaintiff had already filed an appeal, and the grounds for review were not sufficient to justify a review of the judgment.

Outcome

Application dismissed

Orders

  • Application dismissed with costs

Authorities cited

Cases cited (2)
  • ANDERS BRUEL T/A QUEENCROSS AVIATION Vs. KENYA CIVIL AVIATION AUTHORITY & ANOTHER [2013] eKLR
  • GANDY Vs. CASPAIR
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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