[2015] KEHC 3171 (KLR)
The court found that the application of 16th March 2012 had already been dealt with and a ruling delivered on 9th December 2014. The ruling of 10th March 2015 was therefore made in error as it related to a matter that had already been determined. The only matter pending before the court was the preliminary objection...
Source-derived case information.
- Citation
- [2015] KEHC 3171 (KLR)
- Parties
- Appellant: Charles Wepukhulu; Respondent: Bungoma Teachers Savings & Credit Society
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 113 of 2011
- Procedural Posture
- Civil Suit / Ruling on Application for Review of Court Order
- Outcome
- application allowed; ruling of 10th March 2015 set aside
- Legal Topics
- Review of Orders, Error on Face of Record, Setting Aside Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Wepukhulu
Appellant
Bungoma Teachers Savings & Credit Society
Respondent
Procedural Posture
Civil Suit / Ruling on Application for Review of Court Order
Legal Issues
- 1 Whether the ruling of 10th March 2015 should be reviewed and set aside due to an apparent error on the face of the record.
Ratio Decidendi
The court found that the application of 16th March 2012 had already been dealt with and a ruling delivered on 9th December 2014. The ruling of 10th March 2015 was therefore made in error as it related to a matter that had already been determined. The only matter pending before the court was the preliminary objection dated 24th November 2011. Consequently, the court set aside the ruling of 10th March 2015 on the basis of an apparent error on the face of the record.
Court Disposition
application allowed; ruling of 10th March 2015 set aside
Orders
- The ruling of 10th March 2015 is set aside.
- Costs in the cause.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 113 OF 2011
CHARLES WEPUKHULU……………..….................................... APPELLANT
VERSUS
BUNGOMA TEACHERS SAVINGS & CREDIT SOCIETY........RESPONDENT
RULING
The application before court is dated 1st April, 2015 brought pursuant to Section 3, 3A and 63 (e) of the Civil Procedure Act and Order 45 Rules 1 & 2 of the Civil Procedure Rules. The application seeks for the proceedings, ruling and Court Order of 10th March 2015 be reviewed and set aside and costs provided, the reason that there is an apparent error on the face of the record as the said ruling related to a matter that had already been dealt with.
The application was not opposed and at the hearing Mr. Kassim for the applicant contended that the application dated 6th March, 2012 had been dealt with and a ruling made and that what was pending was a preliminary objection dated 24th November 2011.
I have considered the application before court and it is clear that this is an error as the application of 16th March, 2012 was dealt with and a ruling delivered on the 9th of December, 2014.
What needs to be considered is the preliminary objection now pending.
For the above reasons the ruling of 10th March, 2015 is therefore set aside. Costs in the cause.
Dated at Bungoma this 10th day of JUNE 2015.
ALI-ARONI
JUDGE.