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Richard Buluma Wedodo & Cosmas Ananzas Buluma v. Esau Namulanda & Benard Okwara Balongo

(2016) JELR 93831 (CA)

Court of Appeal  •  Civil Application 62 of 2015  •  16 Dec 2016  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. On 6th November, 2015 this Court delivered a judgment in Civil Appeal No. 18 of 2013, between Cosmas Buluma and Esau Namulanda and Benard Okwara Balongo. The appeal was from the ruling of Kibunja, J. in HCCA No. 6 of 1997 (Busia).

2. In the appeal before the High Court, the applicant was seeking a review of the Court’s decree dated 31st May, 1998. Rejecting the application for review, the High Court held, inter alia, that the order that sought to be reviewed was made on 21st May, 1998 and the application for review was filed almost 9 years thereafter.

3. The applicant was not satisfied with the said ruling and preferred an appeal to this Court. Upon a full consideration of the appeal, this Court agreed with Kibunja, J. that the application for review had not satisfied the provisions of section 80 of the Civil Procedure Act and Order XLIV rules 1 and 2 of the Civil Procedure Rules and dismissed the appeal.

4. The applicant has returned to this Court, this time seekin…

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