[2023] KEHC 23790 (KLR)

[2023] KEHC 23790 (KLR)

The court found that leave to appeal had in fact been obtained from the lower court on 28th April 2021, as evidenced at page 154 of the record of appeal. Consequently, the basis for seeking review or setting aside the judgment of 2nd May 2023 on the ground of lack of leave was unfounded. The court therefore allowed...

Source-derived case information.

Citation
[2023] KEHC 23790 (KLR)
Parties
Appellant: Kiwasco (Kisumu Water & Sanitation Company Ltd); Respondent: William Roman Mc Tough
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Appeal E051 of 2021
Procedural Posture
Civil Appeal / Ruling on Application for Review and Directions
Outcome
First limb of the application allowed; order set aside; directions issued for further hearing.
Judges
RE Aburili
Legal Topics
Leave to Appeal, Review of Judgment, Procedural Irregularities
Source Language
en
Civil Procedure Leave to Appeal Review of Judgment Procedural Irregularities

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kiwasco (Kisumu Water & Sanitation Company Ltd)

Appellant

William Roman Mc Tough

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Review and Directions

Legal Issues

  1. 1 Whether leave to appeal was obtained prior to filing the appeal.
  2. 2 Whether the judgment of 2nd May 2023 should be reviewed or set aside for want of leave.
  3. 3 Directions on further hearing of the application dated 26th June 2023.

Ratio Decidendi

The court found that leave to appeal had in fact been obtained from the lower court on 28th April 2021, as evidenced at page 154 of the record of appeal. Consequently, the basis for seeking review or setting aside the judgment of 2nd May 2023 on the ground of lack of leave was unfounded. The court therefore allowed the first limb of the application, set aside the earlier order, and gave directions for the respondent to file a response and for the parties to address the remaining issues orally on a future date.

Court Disposition

First limb of the application allowed; order set aside; directions issued for further hearing.

Orders

  • The order setting aside the judgment of 2nd May 2023 on account of lack of leave is allowed and the order is set aside.
  • The respondent shall file and serve a response within ten (10) days of the ruling date.