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Samuel Mathenge Ndiritu v Martha Wangare Wanjira & another [2017] KEHC 5483 (KLR)

[2017] KEHC 5483 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
5483
Citation
[2017] KEHC 5483 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for review of judgmentCoramNyariangi
Holding

The court dismissed the application as the Applicant did not seek review based on discovery of new and important matter or evidence or on account of some mistake or error apparent on the face of the record.

Facts

The Applicant filed an appeal against a decision of the Political Parties Disputes Tribunal, but the appeal was dismissed as incompetent due to the lack of a proper record of appeal. The Applicant then filed this application seeking to review and set aside the judgment dismissing the appeal.

Issues

  1. Whether this court has jurisdiction to grant the prayers sought
  2. Representation of parties

Reasoning

The court ruled that the Applicant did not meet the requirements for review under Order 45 Rule 1 of the Civil Procedure Rules, as the grounds for review were not based on new and important matter or evidence or on account of some mistake or error apparent on the face of the record.

Outcome

Dismissed

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Constitution of Kenya 2010
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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