Republic.v Principal Secretary, Ministry of Internal Security & another Ex Parte Schon Noorani & another [2020] KEHC 9791 (KLR)
- Court
- High Court of Kenya
- Case number
- 9791
- Citation
- [2020] KEHC 9791 (KLR)
- Decided
- 19 June 2020
The application is dismissed as the Respondents cannot prefer an appeal and apply for review simultaneously. The grounds for review must be without unreasonable delay and must be an error apparent on the face of the record.
Facts
The ex parte applicants were found in contempt of court for failing to satisfy a judgment debt of Ksh. 821,529.58. The Respondents, represented by the Solicitor General and the Principal Secretary, Ministry of Internal Security, filed a Notice of Appeal and now seek to vary, review or set aside the previous judgment.
Issues
- Whether the Respondents can apply for review after lodging a Notice of Appeal
- Whether the grounds for review are met
Reasoning
The court ruled that the Respondents cannot appeal and apply for review at the same time, as per the provisions of Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules. The court also stated that the grounds for review must be without unreasonable delay and must be an error apparent on the face of the record.
Outcome
The application is dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules, 2010
Cases cited (3)
- Nyamogo & Nyamogo v Kogo
- Attorney General & O’rs v Boniface Byanyima
- Levi Outa v Uganda Transpo
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