MACHAKOS RANCHING CO. LTD V. WAEMA ITUMO MUOKA

JUDGMENT OF THE COURT

This is an appeal from the order of the High Court at Machakos (Osiemo J) refusing to review his judgment delivered on 18th October, 1995.

By a notice of motion filed on 26th October, 1995, the appellant sought an order that the superior court review its judgment and dismiss the suit namely Civil Case No.314 of 1994 with costs. The application was made under S.80 of the Civil Procedure Act and Order 44 of the Civil Procedure Rules (the Rules). In contravention of Order 50 r.3 there was no statement of the grounds of the application in its body. However in the supporting affidavit Mr. Masika for the appellant stated that the learned Judge failed to consider that (a) the police abstract produced did not show that the defendant was the owner of the vehicle in question and as such the suit should have been dismissed; and (b) the defendant was not liable because the driver of the defendant did not have instructions or authority from the defendant to carry passengers in …