[2014] KEHC 1579 (KLR)
The court found that the applicant failed to establish any of the statutory grounds for review. There were no new facts or evidence presented that were not before the court at the time of the original decision. Additionally, the court found no error apparent on the face of the record. The applicant's arguments were...
Source-derived case information.
- Citation
- [2014] KEHC 1579 (KLR)
- Parties
- Applicant: Peter Kariuki Njoroge; Respondent: Hannah Nduta Njuguna
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 90 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Review
- Outcome
- application dismissed with costs; leave to appeal granted
- Judges
- LK Kimaru
- Legal Topics
- Review of Court Orders, Error Apparent on Record, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kariuki Njoroge
Applicant
Hannah Nduta Njuguna
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Review
Legal Issues
- 1 Whether the applicant has established sufficient grounds for review of the court's decision.
- 2 Whether there are new facts or evidence not previously considered by the court.
- 3 Whether there is an error apparent on the face of the record justifying review.
Ratio Decidendi
The court found that the applicant failed to establish any of the statutory grounds for review. There were no new facts or evidence presented that were not before the court at the time of the original decision. Additionally, the court found no error apparent on the face of the record. The applicant's arguments were based on a misapprehension of the law and did not amount to compelling reasons for review. Consequently, the application for review was dismissed. However, the court granted the applicant leave to appeal the decision to the Court of Appeal, recognizing the applicant's right to pursue further appellate remedies.
Court Disposition
application dismissed with costs; leave to appeal granted
Orders
- The application for review is dismissed with costs to the respondent.
- The applicant is granted leave to appeal to the Court of Appeal.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MISCELLANEOUS CIVIL APPLICATION NO.90 OF 2014
IN THE MATTER OF THE ESTATE OF MITHANGA KURIAalias
MUTHANGAKURIA alias NJOROGE KURIA (DECEASED)
PETER KARIUKI NJOROGE................................................APPLICANT
VERSUS
HANNAH NDUTA NJUGUNA..........................................RESPONDENT
RULING
This court has considered the application for review that has been brought by the Applicant. In the opinion of this court, the Applicant has not laid sufficient or any grounds for the court to review its decision. There are no new facts or evidence that were not before the court at the time it made its decision; there is no error apparent on the face of the record that can be rectified by this court granting the application for review. The Applicant has not placed any compelling reason that would move or make the court review and set aside its decision rendered on 25th July 2014. It appears to the court that the Applicant is laboring under misapprehension of the law hence his decision to file the application. This court will however grant him leave to appeal against the decision of this court to the Court of Appeal.
In the premises therefore, the application for review lacks merit and is hereby dismissed with costs.
DATED AT NAIROBI THIS 5TH DAY OF NOVEMBER 2014.
L. KIMARU
JUDGE