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NDUATI V. GITIHA FARM

(1987) JELR 104456 (CA)

Court of Appeal  •  Civil Appeal 134 of 1985  •  11 Jun 1987  •  Kenya

Coram
John Mwangi Gachuhi, James Onyiego Nyarangi, Harold Grant Platt

Judgement
<p class="ql-align-justify">JUDGMENT</p><p class="ql-align-justify">This appeal has been preferred against the order of the High Court at Eldoret given on October 14, 1985. I shall summarise it. The learned judge dismissed an application to review his own order, made by consent on June 20, 1984. The first consideration related to the consent to the order, given by the Appellant Julius Nduati. The learned judge pointed out that because Nduati had relied on the consent order of June 20, 1984, in Nduati’s own subsequent application of October, 1984, seeking compliance with it, he could not be heard to say one year later in October, 1985, that he had not consented to the order of June 20, 1984. The second point concerned the irregularity that leave to bring an application for <em>certiorari </em>had been waived by the consent of Nduati to the order of June 20, 1984. Thirdly the application for review in itself failed, because a long time had elapsed before it had been brought and no new important matter or evidence had been discovered. There had been no ap…</p>

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