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KO Holdings Limited v County Government of Kiambu; Red Hill Kentmere Residents Association (Interested Party) [2020] KEHC 5347 (KLR)

[2020] KEHC 5347 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
5347
Citation
[2020] KEHC 5347 (KLR)
Decided
28 May 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePetition for Review of Costs OrderPosturePetitioner seeks to review the court's order awarding costs to the Interested PartyCoramHonourable Court
Holding

The court finds the Petitioner's application to be filed after unreasonable delay and dismisses the application.

Facts

The Petitioner/Applicant filed a petition for review of the court's order on December 19, 2019, and the Interested Party filed an application to tax its bill of costs. The Petitioner now seeks to review the order on the grounds of unreasonable delay.

Issues

  1. Whether the Petitioner has met the threshold for granting of review orders
  2. Whether the Petitioner's delay in filing the application is unreasonable

Reasoning

The court ruled that the Petitioner's application was filed after more than 30 working days from the delivery of the judgment, which is considered unreasonable delay. The court also found that the Petitioner had no claim against the Interested Party.

Outcome

The Petitioner's application for review of the costs order is dismissed.

Authorities cited

Legislation (3)
  • Civil Procedure Act
  • Civil Procedure Rules 2010
  • Order 45 Rule 1 of Civil Procedure Rules
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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