Selina Wekesa v George Ellam Wekesa [2014] KEELC 65 (KLR)
The bottom line
#A Kenyan High Court dismissed a review application because the applicant failed to attach the decree or order they wanted reviewed.
What this practically means
#Executive summary
#Key legal issues
#Whether review is incompetent without attachment of the decree or order
The application for review was fatally defective because the decree or order sought to be reviewed was not attached
Counsel for the plaintiff submitted, and counsel for the first defendant supported, that review lies only in respect of a decree or order, not a judgment or ruling, and that the decree or order must be attached. The court noted it was not denied that the decree or order was not attached and, applying the provision quoted by Justice R.N. Nambuye in Stephen Munga Maingi, held that omission of the order or decree is fatal and dismissed the motion.
Legal principles established
#- An application for review must attach the decree or order sought to be reviewed; failure to do so is fatal
Court orders
#- 1.The application for review is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Inherent power of the High Court to review its own decree or order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Selina Wekesa v George Ellam Wekesa [2014] KEELC 65 (KLR)", Case Analysis (2014). HCCC No. 260 of 2003. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2014/65/eng@2014-11-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.