[2017] KEELC 438 (KLR)
The court found that the applicant failed to demonstrate any error apparent on the face of the record or any sufficient reason to warrant review of the ruling delivered on 29.06.17. The applicant's claim of illiteracy was not persuasive, as she had previously sought legal advice and participated in succession...
Source-derived case information.
- Citation
- [2017] KEELC 438 (KLR)
- Parties
- Plaintiff: Suresh Kundan Wason; Defendant: Satish Kundan Wason
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 60 of 2002
- Procedural Posture
- Review Application / Ruling on Application for Review of Earlier Dismissal Order
- Outcome
- application dismissed
- Legal Topics
- Review of Court Orders, Revival of Suit, Succession and Estate, Error on Face of Record
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Suresh Kundan Wason
Plaintiff
Satish Kundan Wason
Defendant
Procedural Posture
Review Application / Ruling on Application for Review of Earlier Dismissal Order
Legal Issues
- 1 Whether the applicant has established grounds for review of the court's ruling delivered on 29.06.17.
- 2 Whether there was an error apparent on the face of the record justifying review.
- 3 Whether the applicant's claim of illiteracy and risk of being rendered landless warrants review.
Ratio Decidendi
The court found that the applicant failed to demonstrate any error apparent on the face of the record or any sufficient reason to warrant review of the ruling delivered on 29.06.17. The applicant's claim of illiteracy was not persuasive, as she had previously sought legal advice and participated in succession proceedings. Granting the review would amount to the court sitting as an appellate forum over its own decision, which is not permissible under the law. Consequently, the application for review was found to be unmerited and was dismissed.
Court Disposition
application dismissed
Orders
- The application for review is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC NO. 60 OF 2002
SURESH KUNDAN WASON ….................PLAINTIFF
VERSUS
SATISH KUNDAN WASON …….………DEFENDANT
R U L I N G
1. This Ruling is in respect of the application filed on 01. 08. 17 where applicant seeks orders of review of the Ruling delivered on 29:06:17.
2. I have perused the record. The Plaintiff apparently died on 23:02:11. From 15:03:11 to 16:07:14 the matter remained dormant and on 14:07:14, the present Applicant made an application to have the suit revived. The application was heard this year and a Ruling was delivered on 29:06:17 whereby the Court found that the application (dated 11:07:14) lacks merits and the same was dismissed.
3. It is that Ruling which the Applicant desires to have it reviewed.
4. The Applicant states that she is the illiterate widow of the deceased and that she will be rendered landless if the suit is not revived. I find that in the earlier application (of July 2014) Applicant had the ability to seek legal advices. She was even filing a Succession Cause. The issue of her being illiterate does not hold.
5. I find no error on the face of the record. Reviewing the orders given by the Court on 29. 06. 17 would in essence amount to sitting on appellate forum.
6. I find that the application is unmerited.
7. The same is hereby dismissed with no orders as to costs.
8. This filed is to be marked as closed and to be taken to archives.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 18TH DAY OF DECEMBER, 2017 IN THE PRESENCE OF:-
CA: Janet
Mutunga for Plaintiff Respondent
Kimathi E. H/B for Gatari Ringera for Defendant /Applicant
Hon. L. N. MBUGUA
ELC JUDGE