[2023] KEHC 18795 (KLR)
The court found that the documents in question (pages 101–122 of the supplementary record of appeal) were properly expunged from the record as per the earlier ruling. The subsequent application for review did not meet the threshold for review under the Civil Procedure Act and Rules, as no new evidence or error...
Source-derived case information.
- Citation
- [2023] KEHC 18795 (KLR)
- Parties
- Appellant: Pan Africa Staff Sacco Society Ltd; Respondent: David Kigatia Muchungu; Interested Party: Vusha Onembe & Mambiri Advocates
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 491 of 2018
- Procedural Posture
- Civil Appeal / Directions After Interlocutory Applications
- Outcome
- Directions issued; expunging of documents upheld; parties to file submissions for judgment.
- Judges
- AN Ongeri
- Legal Topics
- Review of Rulings, Expunging Documents, Supplementary Record of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pan Africa Staff Sacco Society Ltd
Appellant
David Kigatia Muchungu
Respondent
Vusha Onembe & Mambiri Advocates
Interested Party
Procedural Posture
Civil Appeal / Directions After Interlocutory Applications
Legal Issues
- 1 Whether the court should expunge documents no 18 (pages 101–122) from the supplementary record of appeal.
- 2 Whether the application for review of the expunging order should be granted.
Ratio Decidendi
The court found that the documents in question (pages 101–122 of the supplementary record of appeal) were properly expunged from the record as per the earlier ruling. The subsequent application for review did not meet the threshold for review under the Civil Procedure Act and Rules, as no new evidence or error apparent on the face of the record was demonstrated. The court therefore dismissed the review application and directed parties to proceed with submissions on the appeal without the expunged documents forming part of the record.
Court Disposition
Directions issued; expunging of documents upheld; parties to file submissions for judgment.
Orders
- Pages 101–122 of the supplementary record of appeal are expunged from the record.
- Parties to file submissions in the appeal for judgment on July 14, 2023.
Full Case Text
Judgment text and source record
23 paragraphs
Pan Africa Staff Sacco Society Ltd v Muchungu; Advocates (Interested Party) (Civil Appeal 491 of 2018) [2023] KEHC 18795 (KLR) (Civ) (13 June 2023) (Directions)
Neutral citation: [2023] KEHC 18795 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal 491 of 2018
AN Ongeri, J
June 13, 2023
Between
Pan Africa Staff Sacco Society Ltd
Appellant
and
David Kigatia Muchungu
Respondent
and
Vusha Onembe & Mambiri Advocates
Interested Party
Directions
1. The court delivered a ruling dated October 22, 2021 which allowed the application dated June 8, 2021 which was seeking to expurge from the record of documents no 18 in the supplementary record of appeal contained on pages 101 – 122 of the supplementary record of appeal dated December 7, 2020.
2. The applicant filed another application dated November 11, 2021 seeking to review the ruling dated October 22, 2021 but the said application for review was dismissed in the ruling dated July 15, 2022.
3. The implication is that pages 101 – 122 of the supplementary record of appeal were expurged from the record.
4. Parties are accordingly directed to file submissions in the appeal for judgment on July 14, 2023.
DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 13TH DAY OF JUNE, 2023. ………….…………….A N ONGERIJUDGEIn the presence of:.......................for the Appellant......................for the Respondent............... for the Interested Party