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Samuel Amugune, William Mwangi Kaibere, Michale Ndungu Kibuku, Pal Mutee & William Majani v. Attorney General

(2018) JELR 94663 (CA)

Court of Appeal  •  Civil Appeal 16 of 2014  •  20 Dec 2018  •  Kenya

Coram
Roselyn Naliaka Nambuye, Sankale ole Kantai, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. This is an appeal against the Ruling of the High Court(R. Ougo, J.) dated 29th November 2013 dismissing the appellants’ application for review of the Judgment of the High Court, Lenaola, J. (as he then was) delivered on 8th October 2004. In Evan Bwire v. Andrew Aginda Civil Appeal No. 147 of 2006 cited in Stephen Githua Kimani v. Nancy Wanjira Waruingi T/A Providence Auctioneers (2016) eKLR this Court stated as follows:

“An application for review will only be allowed on strong grounds particularly if its effect will amount to re- opening the application or case afresh...”

2. By Notice of Motion dated 28th January 2013, the appellant moved the High Court to review the judgment of the trial court delivered on 8th October 2004. In support of the application, it was urged that the appellants had discovered new evidence which was not within their knowledge and could not be produced at the time the judgment was delivered; that it was in the interest of justice and fair…

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