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TELKOM KENYA LIMITED
V.
NYAMODI OCHIENG NYAMOGO

(2020) JELR 94389 (CA)

Court of Appeal 4 Dec 2020 Kenya
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Case Details

Suit Number:Civil Appeal 61 of 2019
Judges:Patrick Omwenga Kiage, Agnes Kalekye Murgor, Kathurima M'inoti
Location:Nairobi
Other Citations:Telkom Kenya Limited v. Nyamodi Ochieng Nyamogo [2020] eKLR

RULING OF THE COURT

By a Motion on Notice dated 10th March 2017, the applicant, Telkom Kenya Ltd (Telkom) seeks only one substantive order, namely, review of an order of this Court. The prayer is worded as follows:

“That the ruling and order of this Court made on 29.11.2013 in Civil Application No. Nai. 144 of 2013 (UR 97 of 2013) be reviewed and the same be corrected by deleting or clarifying what was meant by the order that ‘The applicant’s application dated 1st July 2013 be and is hereby allowed.’ ”

The order that Telkom seeks to be corrected or clarified upon review seems to us so clear as to justify any correction or clarification. This is because all that the Court did in the ruling in question was to allow an application by the respondent, Nyamodi Ochieng Nyamogo (Nyamogo), to deem a notice of appeal lodged by Telkom and dated 5th July 2012, withdrawn.

Apparently, Telkom wishes the Court to make further orders on matters that were never before it, which we must decline to be dragg…

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