Alejandro Campon (Suing as the holder of the power of Attorney for Baustista Buendia Valentin and Maria Doloves Martinez as the administrator of the estate of the late Esther Buendia Martinez v Swaleh Brok Islam & another [2018] KEHC 4401 (KLR)

Facts

The plaintiff, Alejandro Campon, sued the defendants, Swaleh Brok Islam and Mash Bus Services Limited, for damages. The court initially awarded the plaintiff damages of Euros 180,960 for lost years, Kshs.30,000 for pain and suffering, Kshs.150,000 for loss of expectation of life, and Kshs.645,978 for special damages. Sixteen and a half months later, the plaintiff filed an application to review the judgment and the taxation of costs.

Issues

1. Whether there is power or jurisdiction in this court to review the order on taxation of costs entered by consent to reflect the enhanced sum awarded as damages upon review.
2. Whether the Application having been brought after 16 months was brought without unreasonable delay as the rules dictate.
3. Whether the failure to extract and exhibit the decree resulting from the judgment sought to be reviewed is fatal to the Application.
4. Whether there is an error apparent on the face of the record to merit a review of the judgment so as to enhance the same from the sum of Euros 180,960 to Euros 301,655.

Reasoning

The court determines that the application is not properly founded because there is no final decree to review. The court also finds that the error sought to be corrected by review is not self-evident and invites elaborate argument.

Outcome

The application is dismissed.

Authorities cited