[2014] KEHC 8309 (KLR)
The court held that the present application, seeking to review an order that was itself made on a review application, is expressly prohibited by Order 45, rule 6 of the Civil Procedure Rules, 2010. The rule clearly bars any further review applications in such circumstances. As the application is incompetent by...
Source-derived case information.
- Citation
- [2014] KEHC 8309 (KLR)
- Parties
- Applicant: Hassan Ibrahim Mohamed (suing as the personal representative of the estate of Ali Adow Mohamed, deceased); Respondent: Alex Odiang Odhiambo; Respondent: Southern Cross Safaris Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 549 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Objection to Application for Review
- Outcome
- application struck out as incompetent
- Judges
- DW Mbuteti
- Legal Topics
- Review of Court Orders, Preliminary Objection, Application Struck Out
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hassan Ibrahim Mohamed (suing as the personal representative of the estate of Ali Adow Mohamed, deceased)
Applicant
Alex Odiang Odhiambo
Respondent
Southern Cross Safaris Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection to Application for Review
Legal Issues
- 1 Whether a second application for review of an order, itself made on review, is competent under Order 45, rule 6 of the Civil Procedure Rules, 2010.
Ratio Decidendi
The court held that the present application, seeking to review an order that was itself made on a review application, is expressly prohibited by Order 45, rule 6 of the Civil Procedure Rules, 2010. The rule clearly bars any further review applications in such circumstances. As the application is incompetent by operation of law, the court struck it out with costs to the respondent.
Court Disposition
application struck out as incompetent
Orders
- The application dated 28th January 2014 is struck out with costs to the respondent.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
MISC APPLICATION NO 549 OF 2010
HASSAN IBRAHIM MOHAMED
(SUING AS THE PERSONAL REPRESENTATIVE OF
THE ESTATE OFALI ADOW MOHAMED, DECEASED)......APPLICANT
VERSUS
ALEX ODIANG ODHIAMBO
SOUTHERN CROSS SAFARIS LIMITED........…..RESPONDENTS
R U L I N G “B”
1. By an order entered on 29th July 2011 the court herein (Ang’awa, J) dismissed the Applicant’s application for leave to appeal out of time against a money decree of a lower court. By a ruling dated 30th April and delivered on 3rd May 2013 the court (Waweru, J) dismissed an application to review and set aside the aforesaid order of Ang’awa J of 29th July 2011.
2. The Applicant has come back to court bynotice of motion dated 28th January 2014seeking an order to review and set aside the order of 30th April 2013. The Respondent has taken a preliminary objection to the application on a point of law. That point of law is that the application is expressly forbidden by law, and hence incompetent.
3. Order 45, rule 6 of the Civil Procedure Rules, 2010 provides –
“6. No application to review an order made on an application for a review of a decree or order passed or made on a review shall be entertained.”
4. The order of 30th April 2013 now sought to be reviewed was, as already seen, made on an application to review the order of 29th July 2011. The present application is expressly forbidden by Order 45, rule 6 aforesaid. It is thus incompetent and cannot be entertained. It is hereby struck out with costs to the Respondent. It is so ordered.
DATED AND SIGNED AT NAIROBI THIS 8TH DAY OF OCTOBER 2014
H P G WAWERU
JUDGE
DELIVERED AT NAIROBI THIS 10TH DAY OF OCTOBER 2014