Odhiambo v Mwananch Credit Limited & another [2023] KEHC 24097 (KLR)

Odhiambo v Mwananch Credit Limited & another (Civil Case E030 of 2022) [2023] KEHC 24097 (KLR) (Civ) (23 October 2023) (Ruling)

Neutral citation: [2023] KEHC 24097 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Civil

Civil Case E030 of 2022

JN Mulwa, J

October 23, 2023

Between

Leonard Victor Odhiambo

Plaintiff

and

Mwananch Credit Limited

1st Defendant

Leonard Chege Mwangi p/a Laar Auctioneers

2nd Defendant

Ruling

1. Before the court for determination is an application by 1st Defendant dated 6/05/2022. The Applicant seeks orders of review of the court’s ruling dated 25/05/2023 whereof the court at paragraph (c) ordered the 1st defendant to pay to the Plaintiff throw away costs assessed at Kshs. 50,000/= within 30 days.

2. The supporting affidavit is dated 2/06/2023 as well as the certificate of urgency.Likewise, the Applicant filed its submissions which are dated 6/05/2023.

3. On the part of the Plaintiff/Respondent, his submissions are also dated 6/05/2023.

4. To put the record straight, the court’s ruling is dated 25/05/2023. There is no way that the Applicant would seek review of an Order/Ruling that was delivered before the ruling itself, by one year.All documents/pleadings filed by the Applicant are all dated one year before the impugned ruling.

5. In the circumstances, the court finds that there is no competent application in court to challenge by any manner its ruling delivered on 25/05/2023. Consequently, the motion dated 6/05/2023 is hereby dismissed with costs to the respondent/plaintiff.Orders accordingly.

DATED, DELIVERED AND SIGNED IN NAIROBI THIS 23RD DAY OF OCTOBER, 2023. JANET MULWAJUDGE