Margaret Nduta Kamithi & another v Annunciata Waithira Kibue & 2 others [2019] KEELC 2681 (KLR)
The bottom line
#The High Court refused to review an earlier judge's order to restart the case, telling the parties their remedy was an appeal, not another application.
What this practically means
#Executive summary
#Key legal issues
#Whether the defendants' application satisfies the grounds for review under Order 45 rule 1 of the Civil Procedure Rules
The application is not merited; the grounds raised do not fall within Order 45 rule 1, and the applicants' remedy lies in an appeal against Justice Bor's orders, which they had not filed
The court considered the grounds in the notice of motion and found they did not fall within Order 45 rule 1, which permits review for discovery of new and important matter, error apparent on the face of the record, or other sufficient reason. Invoking the overriding objective as articulated in Stephen Boro Githia, the court held that sufficient grounds for review of Justice Bor's directions of 26th July 2018 had not been put forth, and that the proper avenue was appeal, not pursued.
Legal principles established
#- An application for review must satisfy the grounds in Order 45 rule 1 of the Civil Procedure Rules; where the grounds do not fall within that rule, the aggrieved party's recourse is an appeal
- The overriding objective empowers courts to decline unnecessary rehearings and to direct cases to proceed from where they had reached in a just, fair and expeditious manner
Court orders
#- 1.The notice of motion dated 25th October 2018 is dismissed
- 2.Costs to abide the outcome of the suit
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 80 of the Civil Procedure Act and Order 45 rule 1 / Order 51 rule 1 of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Margaret Nduta Kamithi & another v Annunciata Waithira Kibue & 2 others [2019] KEELC 2681 (KLR)", Case Analysis (2019). (not stated in extract; notice of motion dated 25 October 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2681/eng@2019-06-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.