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GRACE KAMENE M'BERECE V. JOYCE RIGIRI W/O DAVID MBOGORI & JOHN MBOGORI

(2017) JELR 101766 (CA)

Court of Appeal  •  Civil Appeal (Application) 73 of 2015  •  20 Dec 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

On 28th March 2017, Joyce Rigiri w/o David Mbogori, and John Mbogori (the applicants) made an application to this Court by way of Notice of Motion dated 21st March 2017 seeking orders that this Court be pleased to review the judgment delivered on 29th June 2016 by this Court (P. N. Waki, R. N. Nambuye and P. O. Kiage, JJA) in Civil Appeal No. 73 of 2015 in which the two applicants were the respondents and Grace Kamene M'berece, the respondent in this application was the appellant.

The grounds on the face of the application for making the application are stated to be that there was a mistake or error apparent on the face of the record or a sufficient reason for review in that the “Chief Magistrate's court Case No. LDT 24 of 2002 was overlooked; it was contended that if the said case had not been overlooked, the outcome of the judgment sought to be reviewed would have been different. This is the matter that Joyce Rigiri w/o David, the 1st applicant has emphasized in he…

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