[2023] KEHC 24097 (KLR)
The court found that the application for review was incompetent because it was filed and supported by documents dated prior to the delivery of the ruling sought to be reviewed. It is procedurally impossible to seek review of a decision that had not yet been made at the time of filing. Therefore, there was no...
Source-derived case information.
- Citation
- [2023] KEHC 24097 (KLR)
- Parties
- Plaintiff: Leonard Victor Odhiambo; Defendant: Mwananch Credit Limited; Defendant: Leonard Chege Mwangi p/a Laar Auctioneers
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case E030 of 2022
- Procedural Posture
- Civil Case / Ruling on Application for Review of Costs Order
- Outcome
- Application dismissed with costs to the Plaintiff/Respondent.
- Judges
- JN Mulwa
- Legal Topics
- Review of Court Orders, Costs Awards, Procedural Irregularities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leonard Victor Odhiambo
Plaintiff
Mwananch Credit Limited
Defendant
Leonard Chege Mwangi p/a Laar Auctioneers
Defendant
Procedural Posture
Civil Case / Ruling on Application for Review of Costs Order
Legal Issues
- 1 Whether the application for review of the court's ruling dated 25/05/2023 is competent.
- 2 Whether documents filed before the date of the impugned ruling can support a review application.
Ratio Decidendi
The court found that the application for review was incompetent because it was filed and supported by documents dated prior to the delivery of the ruling sought to be reviewed. It is procedurally impossible to seek review of a decision that had not yet been made at the time of filing. Therefore, there was no competent application before the court to challenge the ruling of 25/05/2023, and the motion was dismissed with costs to the Plaintiff/Respondent.
Court Disposition
Application dismissed with costs to the Plaintiff/Respondent.
Orders
- The motion dated 6/05/2023 is dismissed with costs to the Plaintiff/Respondent.
Full Case Text
Judgment text and source record
23 paragraphs
Odhiambo v Mwananch Credit Limited & another (Civil Case E030 of 2022) [2023] KEHC 24097 (KLR) (Civ) (23 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24097 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Case E030 of 2022
JN Mulwa, J
October 23, 2023
Between
Leonard Victor Odhiambo
Plaintiff
and
Mwananch Credit Limited
1st Defendant
Leonard Chege Mwangi p/a Laar Auctioneers
2nd Defendant
Ruling
1. Before the court for determination is an application by 1st Defendant dated 6/05/2022. The Applicant seeks orders of review of the court’s ruling dated 25/05/2023 whereof the court at paragraph (c) ordered the 1st defendant to pay to the Plaintiff throw away costs assessed at Kshs. 50,000/= within 30 days.
2. The supporting affidavit is dated 2/06/2023 as well as the certificate of urgency.Likewise, the Applicant filed its submissions which are dated 6/05/2023.
3. On the part of the Plaintiff/Respondent, his submissions are also dated 6/05/2023.
4. To put the record straight, the court’s ruling is dated 25/05/2023. There is no way that the Applicant would seek review of an Order/Ruling that was delivered before the ruling itself, by one year.All documents/pleadings filed by the Applicant are all dated one year before the impugned ruling.
5. In the circumstances, the court finds that there is no competent application in court to challenge by any manner its ruling delivered on 25/05/2023. Consequently, the motion dated 6/05/2023 is hereby dismissed with costs to the respondent/plaintiff.Orders accordingly.
DATED, DELIVERED AND SIGNED IN NAIROBI THIS 23RD DAY OF OCTOBER, 2023. JANET MULWAJUDGE