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B R N 12 CIVIL LITIGATION 2 — Transcript

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0:02We've done quite some ground on civil.
0:05We've uh done quite some things on civil
0:08and my expectation so far is that we
0:12understand something. I don't want you
0:13to understand everything at this moment.
0:16You know, I want you to understand
0:18something at least uh substantively or
0:21procedurally. Now civil is a very
0:23interesting unity and I keep saying this
0:24every day uh that uh some of you will
0:29pass civil even without knowing how they
0:32pass civil and that is very simple
0:34because uh simple is a civil is just
0:37like that it's just uh simple it is
0:40simple as such that is civil
0:44okay so what you need to understand is
0:46the procedure and uh through the last
0:50let's say 22 classes cuz we've had 22
0:53classes so far and today is our 22nd no
0:58our 23rd class. Uh we've looked at
1:01various things from the introduction.
1:04We have looked at the introduction to
1:08symbol. We've looked at everything until
1:11the execution of decrease. Okay. Uh the
1:15execution of decrease and all that. Now
1:18I want us to go quickly over the
1:20overview just to bring us uh up to speed
1:24uh where we are. I want us to go that
1:26quickly so that we can uh see a few
1:28things up to where we are and then we
1:30can jump into order 45
1:33uh and if we have some time we can go
1:35through order 42 uh which is review and
1:38appeals. But I want us to start from
1:40generally where we started. Okay.
1:46All right. So now if you do remember we
1:50started civil with the plant interview
1:54and that is how civil is uh civil is
1:57divided. So we start from client
1:58interview and that becomes our very
2:01first topic and the very first
2:02consideration you do uh when it comes to
2:05civil litigation. So the client
2:06interview is the first one. So under the
2:08client interview we have the opportunity
2:11to talk about a very few uh I mean some
2:13things that the dos and don'ts during
2:14the client interview and generally what
2:16you're supposed to do to ensure that uh
2:20the client interview is successful and
2:22the factors to be considered at that
2:24point and then after that we've gone
2:26straight and discussed the letters uh
2:28that is the legal opinion and the demand
2:31letter and then after the demand letter
2:34we went straight and talked about
2:35factors to be considered before you
2:37bring a suit, before you draft a suit.
2:40And we're going to see this in many
2:42questions starting from the November
2:432021 question one uh the April 2021 2022
2:48question 2 question one. We look at also
2:51the October 2022 question one and that
2:55sets simply the issues around the
2:57factors to be considered before somebody
2:59can prepare or draft a suit.
3:03We we left there after discussing things
3:06to do with uh parties to suit,
3:08jurisdiction, cause of action,
3:09limitation of time, ethical
3:11considerations and such. Okay, we
3:13stopped there and we jump right into
3:15order one. And we said that if we are
3:18going to court then we are going to
3:19follow the civil procedure rules and
3:21that starts from order one. Order one is
3:24the base. Order one is the basic uh the
3:26basic point. What is order one thing?
3:29Order one is a parties to suit. So we
3:31need to define parties. Uh we went
3:33through the question of joiner and joint
3:36of parties. Went through the rules of
3:38joiner went to third party proceedings
3:40and all that. Okay. And then we said
3:43that after order one we go straight to
3:46order two and order three. Order two and
3:48order three now provides for the rules
3:50of preparation of pleadings. It provides
3:52for the rules of preparation of
3:54pleadings. If you want to prepare a
3:56pleading, what is it that you're
3:57supposed to do? That was under order two
4:00and order three. We left order two and
4:02three and we jump straight into order
4:05four. And we said under order four we
4:07are now bringing the mother the mother
4:09of pleadings and that is the plate. So
4:11we talked about drafting of a plaint
4:14order order four but of course as read
4:16together with order 1 2 and three. So
4:19order one to four literally just gave us
4:22the rules of preparation of pleadings.
4:25Okay. generally pleadings generally
4:27everything about pleadings. After that
4:29we went to the next stage of the
4:31procedure and that is the question of
4:33service under order five and we said
4:35that the moment you prepare your
4:36pleading you will file it and then you
4:38will serve. In terms of service we said
4:41two key timelines. The first timeline we
4:43talked about was the 30 days where
4:45you're supposed to take out summons. you
4:47go and take out summons from court. And
4:48then the second key timeline is the 12
4:51months that you have for you to serve
4:53the summons upon the defendant. You need
4:56to serve the defendant within serve the
4:58defendants within um
5:021 year and then we say that should you
5:05not serve within one year then the time
5:08sorry the summons will expire and then
5:10we shall start counting time for
5:12purposes of dismissing your suit for one
5:14of prosecution. Okay, that was order
5:17five. After order five, again after
5:19discussing the modes of service, uh the
5:21rules of service, who can serve, service
5:23abroad, substituted service and all
5:26that, we went to order six. As you can
5:28see, we are going stage by stage by
5:30stage. We went to order, we went to
5:32order six. Under order six, we talked
5:34about now the question of entering
5:36appearance and we said that the person
5:38that was served under order five will
5:40have a duty to will have a duty to enter
5:45appearance under order under order six.
5:47Entering of appearance and we said that
5:50should you not enter appearance under
5:51order six then we shall take you under
5:53order 10 and get what we call default
5:56judgment. Anyway, we left order six
5:59after this person, the defendant has
6:00entered appearance and it went straight
6:02to order order 7. Order 7 is now where
6:05they file their defense and if anything
6:07they have a counter claim, they will
6:09file it there. Okay, we talked about
6:11counter claims, we drafted counter
6:13claims, we drafted defenses and all
6:15that. And then we said that under order
6:178, this is where pleadings are now
6:19closing. And under order eight, we start
6:22we start the question of amendment of
6:24pleadings. We do amend pleadings and in
6:27terms of amendment of pleadings of
6:28course we shall be looking at the
6:30question under uh 2023 and also a little
6:33bit of 2024 but general 2023 there's a
6:36question there that talks about the
6:37amendment of pleadings there's a
6:39question in June 2021 that also talk
6:41about amendments
6:42of pleadings also we look at those
6:44questions so that we can uh just wrap up
6:47our knowledge and understanding around
6:49questions of amendment that was order
6:51eight now order 9 is generally questions
6:56to do with agents and representatives
6:59and this is where you appoint advocates.
7:01So notice of appointment of advocates uh
7:03demands that any advocate that has been
7:05appointed should file a notice of
7:07appointment of advocate. Number two, it
7:10provides that any advocate that is being
7:13fired or whenever you fire an advocate,
7:15the advocate that is coming in is
7:17supposed to file a notice of change of
7:19advocate. So order nine is generally
7:21about advocates and then went to order
7:2310. Order 10. I've spoken about order 10
7:25and we said order 10 was the question of
7:27default judgment as per the default
7:30under order six. If they default to
7:32enter appearance then we move straight
7:34to we move straight to order 10. Now
7:36order 11 was simple that is the
7:38pre-trial uh that was the pre-trial
7:40process uh the pre-trial process and
7:43then order 12 is where the trial begins.
7:45The trial begins from order 12 and the
7:48trial ends at order 20 application for
7:51accounts. So order 12 was about the
7:55question of attendance of parties.
7:57Parties must attend court physically
7:59whenever they are so required for
8:02hearing either through their advocates
8:04if they have one or they can attend in
8:07person.
8:08Now we also did say that when you look
8:11at order 12 it gives some of the
8:13consequences of the consequences of
8:16nonattendance which I explained in the
8:19class three times and I said that
8:22attendance is different from appearance.
8:24The consequence of attendance is
8:26different from the consequence of
8:28appearance. Why am I saying that? I'm
8:29saying that so that you understand. You
8:32will be so happy if you approach this
8:35unit from a point of understanding. I
8:38would rather you don't even know what
8:40order 10 talks about. You don't even
8:43know what order 11 talks about. That is
8:45not your business. But at least you need
8:48to know that there's something called
8:50amendment. There's something called
8:51default. There's something called
8:52attendance. You don't have to cram the
8:54sections of law or the orders. Just
8:57understand the procedure. If you can
9:00narrate the procedure from order one all
9:02the way to where we have execution of
9:04decrees, you're good to go. You don't
9:05have to know what in what specific in
9:08what specific manner because it's a
9:09procedure. So the examiner will be so
9:11interested in the procedure. Now I've
9:13said order 12 to order 20 are questions
9:16that happen during during the hearing of
9:19this matter. It could be the hearing of
9:21the pleading or the hearing of the
9:23application. And what one such thing is
9:26attendance.
9:28Okay. Another thing is the framing of
9:30issues. What are issues that are
9:32supposed to be determined? That is under
9:3413. Uh another thing is the proponent of
9:36documents and uh 14. Uh the question of
9:40uh summoning of witnesses, production of
9:42evidence, questioning the order of
9:45trial, affidavit, all that. Everything
9:48that you're learning in your trial
9:50advocacy, everything that you're
9:52learning in your trial advocacy class is
9:54between order 12 to order 20. Are we
9:57together? That is the hearing of the
9:59hearing of the application or the
10:01hearing of the pleading. And then after
10:03the hearing then we move straight into
10:05order 21 that was judgment, rulings,
10:09decrease and orders. And we said that a
10:12judgment and a ruling are the
10:14determination of the court or the answer
10:16that the court gives in as far as in as
10:19far as that application or that ruling
10:22sorry that application is concerned or
10:24that judge uh pleading is concerned to
10:26go. So that was the question of
10:28judgment. Under judgment there are two
10:30things. The first one we talked about
10:32was the preparation of judgment and
10:33rulings. The rules of preparation of
10:35judgment and rulings. And we did that in
10:37this class. Okay. We did that in that
10:39class in the structure. We gave the fire
10:42rule, the facts, the issues, the rule,
10:44the analysis and the conclusion. And
10:47further we said a judgment must be
10:49dated. It must be signed. Are we
10:52together? Now after that we went to the
10:55second bit that is under order 21 rule 8
10:57and we said that there must be an
10:59extraction of a decree. You extract the
11:02decree or you extract the order. We
11:04discussed the procedure of extracting a
11:06decree and extracting an order. And then
11:09at that moment remember that we said
11:11that the parties will graduate or the
11:14parties will change. So that we'll start
11:16having we'll start having the judgment
11:18data that is the party that has lost the
11:20case and the judgment creditor that is a
11:23party that has won the case and we said
11:25that after you win the case then you
11:27graduate as well once you get the decree
11:30you now become the decree holder. Okay.
11:33So at that moment we have the winner and
11:35the loser and then from there we made a
11:37stretch. We made a stretch and we
11:40started discussing the question of
11:42execution of decrees under order 22. We
11:45talked about the various ways of
11:46execution of decrees. How decrees can be
11:49executed
11:51all the way from attachment. All the
11:53five types of attachment, appointment of
11:55receivers, we talked about gui
11:57proceedings, execution against the
11:59government and all that. Okay. But also
12:02we talked about the remedies against
12:04judgment and decree which were we talked
12:07about payment and installments. Um we
12:09talked about objector proceedings. We
12:11talked about state of execution. And
12:13today we shall talk about the question
12:15of review and then we shall follow up
12:17with the question of appeals which now
12:19finalizes the entire question of the
12:22entire question of uh civil procedure.
12:25However, remember we said that at the
12:27moment you file under order five, from
12:31order five, the moment you file from
12:34order five or the moment you prepare a
12:36pleading from order four up to the time
12:40the decree has been issued, you normally
12:43have some interlocatory prayers and this
12:46formed our discussion on applications.
12:48We did discuss applications in this
12:50class and we said there's so many
12:51applications and I gave you an assurance
12:53that even if you're lucky enough to live
12:55in this world and practice law for 200
12:57years by the end of the 200 uh the 200th
13:00year you shall have not drafted all the
13:02applications there are so many the
13:04applications are so so many you cannot
13:07draft all of them but we looked at we
13:09looked at some of them we looked at
13:11attachment before judgment arrest before
13:13judgment orders of commission uh we
13:16talked about um the in the pleader
13:19applications. Uh we talked about um the
13:22questions around order 40, the temporary
13:24injunctions. We talked about summary
13:26judgment, default judgment. We talked
13:28about striking of pleadings. We talked
13:30about third party proceedings and then
13:33we talked about the questions of
13:34discovery and inspections. Those were
13:37just key applications and we say that
13:39all those applications you seek them
13:41through a notice of motion and a
13:43supporting affiliate and sometimes under
13:45certificate of agency. But also we
13:47mentioned that you need to understand
13:49the content more than the format, the
13:52content, why that application is sought,
13:54who seeks it, when do they seek it, and
13:56where. because that will form a
13:59discussion that we're going to have on
14:01how to prepare legal opinions, how to
14:05prepare advice, how to prepare rulings.
14:08That having been said, I want us to move
14:10today to order 45. But before that, I'm
14:13happy to take just one question. I'm
14:16only happy to take one question. If you
14:19have more than one question, I will not
14:20be happy.
14:24So, who goes first?
14:29Augustine.
14:32>> Yes. And uh thank you. At some point in
14:35the course of uh this second session,
14:39you had promised to run through this
14:41again. Is it something that you
14:44contemplate or we running short of time?
14:48>> Run through what?
14:50what we've
14:52covered so far
14:56there's so much time I can teach civil
14:58three times from where we started
15:00actually five times
15:02where we can do this five times again
15:05from introduction to where we are that
15:07that is to tell you there's so much time
15:10so I keep saying this every class that
15:12you have so much time we we are not even
15:14in October yet and October has four
15:17weeks
15:19you
15:20We are not yet in October.
15:23>> Yes, thank you Aili. I asked because uh
15:25one that we some of us were interacting
15:27with this for the first time and so we
15:30were trying to familiarize ourselves. So
15:33we found some
15:35bearing
15:37and so I able now to pick it up and run
15:39with it towards the finish line.
15:41>> What do you mean?
15:44>> What do you mean first time?
15:47It's a story for another day.
15:49>> You are not an honest. You're not an
15:51honest person. You in my class in April.
15:53You in the KSL class
15:56>> and this one. So this is the third time.
15:57This is the third time.
16:00>> Actually, this is your fourth time
16:02because you are coming from LLB. So you
16:04might have interacted with civil in your
16:06LLB school. So this is the fourth time
16:08you're interacting with this. H
16:10>> and I want to confirm that I'm grounded
16:13only that I have to brush some areas.
16:16M we shall be fine. But what I'm saying
16:19is that all the units we shall have the
16:22opportunity to start again uh after the
16:24past papers and that is just to tell you
16:26there's so much time and I'm not saying
16:28there's so much time so that you can
16:29just go keep sleeping do something do
16:32something you have a lot of time if
16:34you're thinking of deferring exams don't
16:36even don't even try.
16:39All right. Sa so let us start from let
16:43us start from review. But before we go
16:45to review I wanted to mention something
16:46about execution against the government.
16:49I'll just rub it through very quickly
16:52because I feel like from the last class
16:54we didn't really
16:56understand or we did but I need to
16:59mention it again so that you understand.
17:00Of course, we are going to draft that
17:02application for execution against the
17:04government when we start on judicial
17:07review which is our next discussion
17:09after appeals. Judicial review which is
17:12a discussion next week after appeals.
17:16So what you need to understand that when
17:18it comes to the execution against the
17:20government the first rule is that there
17:22are certain things that don't apply to
17:23the government. When you look at order
17:2529, if you go to order 29 and I don't
17:28know whether I can be able to quickly
17:30move up there,
17:33order 29 should be
17:37should be this.
17:39All right, you can see order 29 rule
17:42two. Okay, order 29 rule two. Now these
17:46orders that are listed under order 29
17:50rule two sub rule two.
17:53Okay, it means that no order against the
17:56government may be made under order 14,
18:00order 22 that is execution of decrees,
18:02order 23 gui proceedings, order 40
18:05injunctions and order 41 appointment of
18:08appointment of receivers. On top of this
18:09list you are adding order 10 and order
18:1136 which of course require leave. Anyway
18:14s
18:16now you cannot execute a decree under
18:18order 22 and order 23 against the
18:20government. Then the question then is
18:23how then do you execute against the
18:25government if the government is the
18:27judgment data? Okay. How do you execute
18:29against the government? If the
18:31government is the judgment the judgment
18:33data.
18:35Are we together? Then under that you
18:37need to read order sorry section 21 of
18:41the government proceedings uh
18:42proceedings act. Section 21 that we went
18:44through in the last class provides that
18:46if you are going to execute against
18:48government then you do it in a special
18:50way. Okay. And these are some of the
18:52instances when the government have been
18:54given some privilege or some exemptions
18:56just to protect their interest.
18:59Are we together? Now that being said,
19:02how then do you execute against the
19:04government? So number one, for you to
19:06execute against the government, you
19:08first need to know who the government
19:09is. And I gave an assignment in the last
19:11class to read the court of appeal in
19:13Palm Agenda versus the National Land
19:16Commission. Did somebody try to read
19:17that case?
19:23from agenda versus the national land
19:26commission.
19:28Did somebody try
19:31even remotely
19:34to look at that case? That was
19:35assignment, the only assignment in the
19:36last class.
19:46Yes, somewhere. What did you read?
19:51Yeah, I tried to find the case Tom and
19:53then there were so many cases between
19:55Tom Netherland Commission but still I
19:57located the issue in the the Supreme
20:00Court was uh was asked to give an
20:02advisory opinion on this matter
20:06>> and then I found I found what it said uh
20:10the the writing I can read it.
20:12>> Yes, read.
20:20Yeah, that uh government agencies uh
20:23cannot be subject to Ghanai proceedings
20:26or their assets cannot be attached.
20:31>> I need to read. Read more. Read more.
20:33Read more. Read more.
20:36>> Okay.
20:39Just a second. Just a second.
20:43All
20:54right. So once you once you figure it
20:56out, once you have that uh that uh
20:58ready, uh please uh let me know so that
21:01I can uh uh I can um give you time to to
21:06read it for us.
21:09All right. So, so the first point was to
21:12of course know who the government is and
21:13there's been uh discussions around who
21:16is actually government. Of course, the
21:18government is the national government
21:19and the county government. But then how
21:22do you execute against the government?
21:24Okay. Now, what is the in terms of
21:25procedure? What are you supposed to do?
21:26That is what I'm going to clarify very
21:28quickly as Samuel is getting that
21:30opinion from uh the AEX school. Now, the
21:33first one, you have to get a certificate
21:35of certificate of satisfaction of order.
21:38That is to mean that the moment you've
21:40been given an order against the
21:41government, the moment a decree has been
21:44issued against the government, you have
21:45to apply to the registra of the court to
21:48get a certificate of satisfaction of
21:50that order.
21:52It is very simple. Now, why do you need
21:55a certificate of satisfaction of order?
21:57That is because of section 21 of the
21:59government proceedings proceedings act.
22:01Section 21 of the government proceedings
22:04proceedings act. And in that specific
22:06section it say normally we don't believe
22:10that you are given an order against the
22:12government. So you have to go and get a
22:13certificate to show that indeed you are
22:16given an order against the government.
22:18So the registra will write there and say
22:21you are given an order and that order is
22:23yet to be satisfied that indeed you sued
22:26the government in this case and the
22:28court ordered that the government pays
22:30you the following things. So that is
22:33what the the registry is supposed to say
22:35in that certificate and remember in the
22:37last class we went through that we went
22:40through that certificate.
22:43Are we
22:45understanding?
22:48>> Yes we are.
22:50>> All right. So we went through the
22:52certificate and we said a certificate of
22:55um satisfaction of order is a
22:57certificate given by the registister and
22:58the registister will simply write that
23:01Samuel Oundi on this day su the
23:04government through this case number and
23:06he won he was awarded the following the
23:08following amount of money uh as a result
23:11of that so he was awarded maybe a decal
23:14amount of 3 million together with
23:15interest at 12%. to the register certify
23:19that I certify that Samuel Londi was
23:23awarded this and this in this case and
23:27then secondly if you have been given
23:29cost then you have to get a certificate
23:31of satisfaction of the cost certificate
23:33of satisfaction of cost is a certificate
23:35now deals so there are two things
23:37there's the decital amount and then
23:39there's cost so if you're given the
23:41decal amount alone you get certificate
23:43of satisfaction of that order number two
23:45if you are given cost you get a
23:47certificate of satisfaction of the cost.
23:49So those are two. Now once you get these
23:52certificates from the registra, you
23:54shall proceed and serve them upon the
23:57accounting officer. The accounting
23:59officer is the PS of that ministry.
24:02The principal uh officer uh the
24:05principal secretary is the accounting
24:08officer. The principal secretary is the
24:11accounting the accounting officer. The
24:13principal secretary is the accounting
24:16officer and that therefore means that at
24:19any specific point at any point that you
24:22want to execute against any ministry you
24:25serve the PS but also you may serve the
24:29you don't have to serve the AG but the
24:31provisions of the rules or the
24:32provisions of section 21 of the Ghana
24:34proceedings act provides you may serve
24:36the attorney general. Now the principal
24:41secretary the PS is supposed to
24:43facilitate the satisfaction of that of
24:45that order. Now if they don't pay you
24:47within the uh the stipulated time
24:49normally you give the government 30 days
24:51then you proceed and institute judicial
24:54review proceedings against that specific
25:00uh ministry and of course the first
25:02respondent to becoming the PS and then
25:05you seek for an order of mandamas alone.
25:08It is a judicial review application for
25:10the orders of mandavas alone. And in
25:12that order, you are simply asking you
25:15are simply asking the court to compel
25:18the PS to satisfy your decree and the
25:21cost. The court will issue an order of
25:23mandavas compelling the government to
25:25pay. After that, if the PS also does not
25:29pay after getting an order of mandavas
25:32directing them to pay, then you shall
25:34proceed and institute the content of
25:36court proceedings specifically and
25:39individually against the PS.
25:42And then of course, if they don't pay
25:44you after contempt, there's nothing you
25:46can do. Just go home, count your losses.
25:49There's nothing you can you can do. But
25:52normally, you're supposed to be paid
25:53within that time.
25:56Okay, normally you're supposed to be
25:57paid within that time. Why? Because
26:02the government is the government that
26:03respects the rule of law. But if they
26:06decide not to pay you,
26:09because sometimes when dealing with the
26:11government, you have to pay the
26:13government something to pay you
26:14something. The government will have your
26:16money, but you have to pay them
26:17something to pay you. If you don't pay
26:19them, they will not pay you. That is how
26:22the government works. So if you don't
26:24pay them sometimes
26:26uh you might just been in a tug of war
26:29with them for years and years and years.
26:30You have to pay them something. So if
26:32you're claiming 1 million from them,
26:34they will tell you now my friend this 1
26:36million uh we need offer meeting here.
26:38Can you give us 100,000? We buy tea. Uh,
26:42and then we have to go see the the CS.
26:45For us to go see the CS, we need F will
26:47give us another 100,000.
26:49And then now this order must be printed.
26:52Another 50,000. And then you see now
26:56another 500,000. By the time that 1
26:59million you get it, it is 200,000.
27:02So you have to pay the government
27:03something small so that the government
27:05can pay your money because anyway,
27:08they will not pay you. that they should
27:10pay you legally and within the books.
27:12They should pay you after that process.
27:14Samuel, did you get it?
27:21I got it.
27:23Please read.
27:31I'm reading paragraph 6 of the opinion
27:34me civil case number 445 of 2014.
27:38Fivestar agencies limited versus
27:40national land commission and another.
27:42The court found that the national land
27:43commission is a government agency and
27:46subject to the government proceedings
27:47act and therefore ganishi proceedings
27:50could not issue. An appeal on the matter
27:52is pending before the court of appeal.
27:54And then another paragraph that is on
27:56the same issue is paragraph 12 that says
28:00the applicant also cited the court of
28:01appeal decision in fivestar agencies
28:03limited versus national land commission
28:05and national bank of Kenya. In the set
28:08judgment delivered on 12th April 2024,
28:11the court held that the National Land
28:13Commission is a state organ and for all
28:15purposes part of government and
28:17therefore pass on to order 23 rule one
28:20as read with order 29 rule 2C of the
28:23civil procedure rules. It is insulated
28:25from the execution proceedings. And then
28:28the last paragraph of the opinion was
28:31paragraph 41.
28:34And uh
28:36paragraph 41 says that uh in the
28:39fivestar agency's case and specifically
28:42that government under the government
28:43proceeding act 40 laws of Kenya includes
28:47constitutional commissions such as the
28:49applicant in which case here is the the
28:52national land commission. It is
28:54therefore insulated from execution
28:56proceedings, attachment of assets and
28:58organic of its accounts in satisfaction
29:01of a decree under section 21 and 25 of
29:04the government proceedings act.
29:09All right.
29:12All right. Thank you very much for doing
29:15the guys. You need to do the assignment
29:16anyway. So for that assignment, Samuel,
29:19how many classes do you need?
29:25for doing the assignment very well.
29:31>> I need I would appreciate two.
29:36>> All right. So, I don't know why you're
29:38asking for two. You know, you're being
29:40you're trying to be decent, but anyway,
29:43you get what you ask for. So, you got
29:45two free classes. Uh you let me know
29:48which one and which one according to
29:50your discretion. Anyway guys, that is
29:52the execution against the government. I
29:54want us to move down to uh order 45
29:58uh so that we can look at order 45. So
30:01order 45 normally comes in two ways and
30:04I'm going to explain both. The first one
30:08is the actual opinion, the actual
30:11submission or the actual ruling. So
30:15opinion, rulings or submissions. Okay,
30:18that is under order 45. So order 45
30:21talks about review which is our fourth
30:24remedy against judgment. If you don't
30:25like a judgment, you can have it
30:27reviewed. You can go to court and ask
30:28the court to review and set aside its
30:31judgment dated that and then to replace
30:34that with this.
30:37Are we together? Now review. So the
30:40first thing you want to understand is
30:42what is review? Number one. Number two
30:45is when and why do you review? Number
30:49three is where do you reveal? And then
30:52lastly, how do you reveal? Very
30:56important. Very very important. So those
30:59questions,
31:01what, when, why, where, and how. Those
31:06are key fundamental questions that you
31:08need to ask whenever it comes to review.
31:11When you are preparing a ruling, the
31:13same questions. When you're preparing
31:14submissions, the same question. when you
31:16are preparing
31:18um
31:20a ruling same question submissions same
31:22questions an advice same question are we
31:25together now let's get into the question
31:27of what review is now generally review
31:30is an instance where you're going back
31:32to the same court that delivered the
31:34judgment or delivered a ruling or a
31:36decree or an order and asking them to
31:39review their decisions
31:42okay now there's something in civil that
31:46we're calling the question of fun's
31:48official the court becoming funer's
31:51official which is a common law
31:53principle. Now that principle decides or
31:55says that at any point the court has
31:58made a decision at any point the court
32:00has made a decision.
32:03Okay then that court becomes official
32:07the court has already washed its hands.
32:11Now, order 45, the remedy of review is
32:16coming after a time when the court has
32:19already washed its what? Its hands. And
32:22therefore, section 1 A, 1 B and 3A
32:28of the Civil Procedure Act will not
32:31apply to the proceedings under order 45.
32:34There is no inherent jurisdiction of the
32:36court to review its decision. There is
32:39no inherent jurisdiction to review a
32:42decision of the court. Why? The court
32:44has already made a decision. And that is
32:46why whenever you make an application
32:48under 45 order 45 that is an application
32:52for review, you shall not quote section
32:551 A 1 B and 3A of the civil procedure
32:58act. You can get away with it but
33:00sometimes you might not get away get
33:02away with it.
33:05Are we together?
33:07Are we on the same page? So you have
33:09understood what review is. You have
33:13understood what review is. That is what
33:16we call review.
33:20That is what we call review. You go back
33:22to the same court and you ask that court
33:25to make a a determination reviewing its
33:28earlier judgment, ruling order or
33:30decree. Okay. The next question is when?
33:34When can you do that? When can you do
33:36that? And that is where we start reading
33:38from order 45 rule one. Somebody read
33:41for us.
33:46>> Any person considering
33:49sorry
33:53proceed.
33:56Zora.
33:58>> Oh okay. Uh application for review of
34:02decree or order. Order 45 rule one. Any
34:06person considering himself agreved, A by
34:10a decree or order from which an appeal
34:13is allowed but from which no appeal has
34:16been preferred or B by a decree or order
34:21from which no appeal is hereby allowed
34:24and from the
34:26>> okay
34:28>> let's talk so that we can explain now
34:30that gives you the instance okay the
34:34instance the instance the instance and
34:36the instance or when really you can uh
34:40you can apply for review. Now there are
34:42two categories of orders that you can
34:45review and when listen very well listen
34:48very well. Now a decree or an order from
34:52which an appeal is allowed but from
34:54which no appeal has been preferred. What
34:57is the meaning of that? That means that
34:59we have an order that is appealable. Now
35:01we shall go and talk about order 43. And
35:04I'm going back to order 43 right now.
35:07Right there. Can you see order 43? Now
35:10under order 43, we have orders that you
35:13can appeal as of right.
35:16Okay. So order 43 rule one provides an
35:19appeal shall lie as of right from the
35:21following orders and rules under the
35:23provisions of section 71H of the civil
35:26procedure act. Now which orders? Order
35:28one, order two, order three, order four,
35:30order seven, order eight, 10, 12, 15,
35:3219, 22, 23, 24, 5, 6, all the way to
35:36order order 53.
35:39Okay? It means the orders that are here,
35:42you can you can appeal them as of right.
35:46It means if a decision has been made
35:47under any of these orders, you can
35:49appeal them as as of right. That is also
35:52to say that if there's any order that
35:54has been made
35:57under any sorry if there's a decree or
36:00an order or a judgment that have been
36:01delivered under any of the orders that
36:03are not listed under order 43 rule one
36:05you cannot appeal them as of right that
36:07is to mean you can only seek leave
36:10before you appeal them. You can only
36:12seek leave before before you appeal
36:14them. Okay. For instance, you can see
36:16order 14 which is prop of documents. If
36:19you've been denied the production of
36:21some documents, you must seek leave from
36:23court before you appeal that. Okay? You
36:26can only seek leave from court for you
36:28to appeal to appeal that. That is what
36:30I'm saying. I'm saying that there are
36:32certain orders that you cannot appeal as
36:34of right. You don't have an automatic
36:35right of appealing those orders, but you
36:38will seek leave.
36:43Somebody there is asking
36:45uh in your uh somebody I know somebody's
36:47asking there saying how then will I know
36:50if this order is appealable as of right
36:52or not. No no that is not your work to
36:54know it is examiner's work to to tell
36:56you. Okay. So all orders remember all
36:59orders you can see all of them are
37:01there. All of them are listed there. All
37:03orders are appealable as of right except
37:06or unless otherwise provided. So unless
37:09otherwise the examiner has told you that
37:10this order is not appealable as all
37:12right, you shall assume that it is. It
37:14is covered under order order 20 for
37:16order 43. So you don't need to worry or
37:19cram order 43. Don't even cram it. In
37:22fact, let me move away from it.
37:25I know some of you already cramming it.
37:33All right, let's go back to our order
37:36that is under order 45.
37:39So, we have two orders. Okay,
37:44somebody's asking, do parties change
37:46when applying for review? No, parties
37:48will not change. You still have the
37:49applicant, the respondent. The applicant
37:52and the respondent. Parties will not
37:54change. They still applicant respondent.
37:57Now somebody's saying is it that
37:59hopeless?
38:01I don't know what you mean by
38:03hopelessness but uh we want to give more
38:07context. Anyway so we saying and out of
38:0945 there are two orders an order order A
38:12is one you can appeal as of right now
38:14for you to review it you can only review
38:16it before you appeal it and then you
38:19have the second one is an order you
38:22can't appeal.
38:24Okay, this is an order where appeal is
38:27not allowed. It means if appeal is not
38:30allowed then automatically you'll be
38:31allowed to review it because there's no
38:33appeal. So these specific provisions of
38:36order 451 creates a comparison between
38:40appeal and review and it says when do
38:43you appeal and review or when do you
38:45review. So we have said that if it is an
38:47order that you can appeal you can only
38:49review before you appeal. It means the
38:51moment you appeal you lose the right to
38:53review.
38:54Are we together? The moment you appeal,
38:57you lose the right to review. That is
38:59number one. Number two, if it is an
39:01order that is not appealable, then you
39:03can always apply for review. Review is
39:06allowed. If it is an order or a decree
39:08that is not appealable.
39:12Some orders are not appealable. You
39:13cannot appeal them. So that therefore
39:15means you can make an application. You
39:17can make an application to appeal sorry
39:20to review that order that is not
39:22appealable. However, if it is an order
39:24that is appealable, you have to okay,
39:28you have to uh you have to uh review
39:33before you appeal because if you appeal,
39:34there's no review. Are we together? I
39:38think it's just like um uh just like um
39:42in KSL,
39:44some of you were part of the SGC.
39:48Okay, you're in the SGC.
39:51So there's the mandate given to the SDC
39:54and then there's the mandate given to
39:56the director of uh the Kenya School of
39:58Law. So assuming that an incident has
40:00happened, an incident has happened.
40:04Okay. So review is being done by the SGC
40:09and then appeal is being done by uh the
40:12director of Kenya School of what? Kenya
40:15School of Law. That therefore means that
40:17if you go to the SGC,
40:21you can still go to the director.
40:23However, remember that if you go to the
40:26director, you can't go back to the SGC.
40:30So director, when you appeal it to the
40:32director, it means you cannot have the
40:34you cannot have the SDC reviewing it
40:36because you've already taken it out of
40:38their jurisdiction.
40:40Review is only visited when that matter
40:43is still within the jurisdiction. The
40:45moment you take it out of their
40:46jurisdiction by appealing it, then you
40:50lose the right to go back to them for
40:52them to for them to review it because
40:54where will they get the file? The file
40:56has already been taken to the the
40:57athlete court. So if you appeal, you
41:00lose the right to review and you can't
41:02do both at the same time. You can only
41:04review or appeal one at a time. If you
41:07review you can appeal later
41:10but not appealing
41:14the main judgment or the main order. I
41:16will explain that. I will explain that
41:17under order 456.
41:20Now let's go back to our provision. So
41:22we have said there are two orders here.
41:24The moment you appeal you can't review.
41:27The moment you go and appeal it, you
41:28can't come back again down here and
41:30review it. So you can only review before
41:32you appeal or if it is an order that is
41:35not appealable. That is the question of
41:37what it is and partly the question of of
41:39when. Now let's go to the question of
41:41when and how. Sorry when and why. Why?
41:45So proceed and give us the reason. There
41:46are three reasons. There are three
41:47reasons. Uh that is one 45 rule one
41:52proceeding from
41:54somebody.
42:02>> Oh okay. uh by okay let me continue from
42:06part B by a decree or order from which
42:09no appeal is hereby allowed and who from
42:12the discovery of new and important
42:15matter or evidence which after the
42:18exercise of due diligence was not within
42:20his knowledge or could not be produced
42:23by him at the time when the decree was
42:25passed or the order made or on account
42:29of some mistake or error apparent on the
42:31face of the record or for any other
42:36sufficient reason desires to obtain a
42:40review of the decree or order may apply
42:43for a review of judgment to the court
42:45which passed the decree or made the
42:47order without unreasonable delay.
42:51>> A party who is not a
42:56>> that point.
42:57>> Now let's let's get it. Okay. Uh so why
43:02the first one is where there's new and
43:05compelling new and compelling evidence.
43:08There is a new and compelling evidence.
43:10There is new and compelling evidence
43:13that you just uncovered after the order
43:16was made. So there's a new evidence.
43:21There's a new and compelling there's a
43:23new and comp there's a discovery of new
43:25and compelling evidence. Now there there
43:28are two tests to that. The first one it
43:32must be new. Number two it must be
43:34compelling. Okay. Now for it to be new
43:38it must be evidence that was not
43:39available when the judgment was being
43:41was being done or was being delivered or
43:44the order was being delivered or the
43:46decree was being delivered.
43:48Are we together? So it is an order
43:52that was made but at the time it was
43:54being made this judgment sorry at the
43:57time the uh the order was being made the
44:00new evidence was not there. It is
44:02something that you've discovered after
44:04the order was made and therefore it
44:06becomes new. Okay. Number two aside from
44:10being new it must be compelling. It must
44:12be important. It must be evidence that
44:15is capable of changing the judgment or
44:18the decree or the order.
44:21It means if it is an order that is just
44:24is not adding anything or removing
44:25anything you cannot reveal. It must be
44:28one that is changing. Okay? It is
44:31changing the decision. It is changing
44:34the structure of the order.
44:37Okay? So it must be compelling new
44:40evidence. It is new. Why is it new? It
44:43is new to the extent that it was not
44:45available when that judgment was being
44:49passed. And it is compelling because it
44:51is important. It is bringing something
44:54new and is capable of changing the
44:58outcome of that specific case. That is
45:00the first reason why you would file for
45:03an application for review of a decision
45:06or an order. Number two, there's an
45:08error apparent on the face of the
45:10record. What is that supposed to mean?
45:12When we talk about the error apparent on
45:14the face of the record, we are talking
45:16about two things. The first one, this
45:19mistake or error should be apparent on
45:21the face. What is the meaning of it
45:23being apparent on the face? It means
45:26when you look at that document, you
45:28immediately see a problem.
45:31You immediately see a problem. And what
45:34problem is that? What problem is that?
45:37You can see it.
45:40It is either clerical or arithmetic. So
45:43it is not something that will want you
45:44to read and read and read and try to
45:46interpret. No, it is something that is
45:49apparent. You can see it with your naked
45:51eyes.
45:53Okay? When you open the document, you
45:55can see your name has been misspelled.
45:57You can see that the mathematic or the
45:59arithmetic calculations have not been
46:01done properly. You can see some words
46:03are omitted. You can see some letters
46:06are omitted. some numbers are omitted or
46:10are erroneously added. So it is a
46:12problem or a mistake that is apparent on
46:15the face of the face of the record.
46:19Guys, are we together?
46:24>> Yes, we are.
46:28>> All right, that is the second reason. So
46:29it could be an arithmetic error which is
46:32mathematics. uh 10,000 instead of
46:35100,000 or 1,000 instead of 1 million.
46:37So all those errors and then it could
46:39also be it could also be clarical.
46:41Clarical simply means the typing a
46:43typing error. Instead of writing Jen
46:45they wrote James. Those are clerical
46:48mistakes.
46:51Are you together?
47:00We are
47:03>> all right. Thirdly is any reason any
47:07other reason that the court may deem may
47:10desire. So sometimes the court may think
47:13it fit for any other reason any
47:15sufficient reason. So those are the
47:17three grounds upon which you can file an
47:21application for an application for
47:23review.
47:33All right. Any question?
47:53All right, let's take a question from
47:55Peter.
48:00Thanks, Jack. Uh, Jon, I'm I'm just
48:03wondering the there was um
48:07the APSA uh case there was a ruling in
48:112024
48:13by Dr. Nixon Suna that declared um 13A
48:21and 21
48:23along with um order 10 uh rule 8
48:27unconstitutional. Now I'm just wondering
48:29how how those
48:32uh affect
48:34the teaching of proceedings against the
48:37government uh and this is uh all state
48:40corporations.
48:42>> Okay. seeing that. Huh?
48:46>> That judge didn't even get to his house.
48:49Do you know that
48:52the judge didn't get to his house before
48:54the court of appeal overturned that
48:56decision?
48:58I said it in the last class. Uh that
49:00made the uh declarations of
49:02unconstitutionality
49:04regarding the provisions of this uh uh
49:06this government proceedings act. The
49:08same was sent to the court of appeal
49:10immediately and the court of appeal
49:12declared them declared that judgment
49:14null and void.
49:17Maybe he didn't even leave the office uh
49:20is offices in Milani. So yes, there was
49:25a declaration like that last year.
49:28>> They were nullified by the court of
49:29appeal.
49:32>> Okay. Thank you. How do we the case um
49:36just on along the same line the donut
49:40kipil case um because it was instituted
49:45against the same on this advice
49:48um not very sure I haven't followed I
49:51don't know whether it went through but
49:53later there's a time that uh the county
49:56government paid durand kipol kip kil now
50:02and it was based on this same thing. H
50:04how how do you
50:07how do we whatever against that? Wasn't
50:11that part of the same thing?
50:13>> Um I'm I'm I'm not following. What is
50:15the question?
50:17That judgment was declared anal and
50:19void. So it's as if it was never made.
50:23Uhhuh.
50:23>> Okay.
50:24>> Now your question is Donald Kipor's.
50:26Uhhuh.
50:30keep
50:31he was uh he sued the county government
50:33of Nairobi. There was a 1.69 billion
50:37debt and
50:40the he was awarded and he went ahead to
50:44attach the property of the county
50:46government.
50:49Now later on I think through some
50:51negotiation he was paid the money. Now
50:55>> he was never paid the money. He's not
50:57being paid until date.
51:02>> Uh well advised and
51:05>> yes he's still following up with the
51:06government. And why why is he following
51:09up with the government? The same thing
51:10that I've told you. He has refused to
51:12pay the government to pay him. And the
51:14government has said okay let us play the
51:16game. So because he's not paying the
51:19government to pay him. the government
51:20has refused to pay because the
51:21government if you want the government to
51:23pay you
51:28so yes they're still playing the cut and
51:31so he's not being paid yet
51:34so so back to order 45 so we've seen the
51:37grounds uh upon which you can bring an
51:39application for review and that is there
51:42must be a new and compelling evidence or
51:44an error apparent on the face on the
51:46face of the record. Let's answer the
51:48question of where and it is very simple.
51:51You apply for that. Okay. To the same
51:54court which passed the decree or made
51:58that judgment without uh without
52:00unreasonable delay. That is the question
52:01where where do you make that application
52:04to the same court? It is not the higher
52:06court. It is not the lower court. It is
52:10the same same court. Okay. Now in
52:14criminal it will be different. In
52:16criminal there's something called
52:17revision which will be calling review.
52:21So in criminal review and revision is
52:24the same thing. Review and revision is
52:26the same thing. So if you're told this
52:29the accused person is back an
52:30application for review. It is not this
52:32review. It is revision. I will explain
52:35that uh on Tuesday when we start
52:38discussions on uh questions of review.
52:40Anyway so that is clear. That is very
52:42clear. Now let us go and look at the
52:45other question of how do you apply? How
52:48do you make an application for this
52:50review? You file a notice of motion
52:52application and a supporting affidavit
52:55and you pray for review. It is a notice
52:58of motion application and a supporting a
53:01supporting affidavit. And we said that
53:03at any time when you're making this
53:05application after judgment has been
53:08delivered against your client, what are
53:10you supposed to pray for? Somebody
53:15What are you supposed to pray for?
53:21Uhhuh. Let's talk to Comey.
53:25>> You pray for a state of execution.
53:28>> State of execution. If execution is
53:30imminent, we shall uh we shall get a
53:34state of execution.
53:45All right,
53:47that is very clear.
53:50That is very clear. Now, aside from
53:54that, so what are the prayers? The
53:56prayers are the prayers are the court be
53:58placed to to review and set aside review
54:02and set aside its decision or its order
54:06dated this. And then your second prayer
54:09would be how do you want them to review?
54:11For instance, if you want them to
54:14replace an order of payment of a million
54:16with 100,000, you say that that they
54:18could be pleased to replace
54:22the order of payment or the sum of Kenya
54:25shillings with Kenya shillings 1 million
54:28with Kenya shillings 100,000. That is if
54:30there was a mistake if there was a
54:32mistake on if there was a mistake on
54:36the face of the record as to the
54:39arithmetic value of the degree. So if it
54:41is 1 million instead of 100,000 then you
54:44want that 100,000 be replaced with 1
54:47million shillings. You pray for cost and
54:49that is that it's very simple that the
54:51court be actually you can just pray for
54:53an order uh that the court the first
54:56application the first prayer is that if
54:58there's a judgment or a decree that has
55:00already been extracted you can pray for
55:02a statement sorry a state of execution.
55:04Then your second prayer becomes that the
55:06court be pleased to review and set aside
55:09its judgment dated that.
55:13Okay. And then you come to the grounds.
55:16What are your grounds? It can only be
55:19there's a new and compelling evidence.
55:20You tell us which one is that or there's
55:22an error on the face of the record. You
55:24tell us that. Are we together? So that
55:27is how that is how you that is how you
55:32do that. Okay. And of course when look
55:36at order three it says when the court
55:39may grant or reject the application. So
55:41if the court believes that there are no
55:42sufficient grounds the court shall
55:44dismiss the application. Okay. When the
55:47court believes that there are sufficient
55:49grounds the court shall grant the
55:51application. Okay. provided that no such
55:54application shall be granted on the
55:55ground of discovery of new matter or
55:57evidence which the applicant alleges was
55:59not within his knowledge or could not be
56:01adused by him when the decree or order
56:04was passed or made without strict proof
56:07of such allegation. That is the same
56:09thing we say that if you're saying that
56:10this information I didn't know about it,
56:12you have to bring evidence that you
56:14didn't know about it.
56:16So that is the thing. If you are
56:18claiming that there's new evidence, how
56:20did you know about it and when did you
56:23know about it? So that must also be very
56:26clear.
56:27Okay. So application where more than one
56:30judge uh hears the application where the
56:33application for review is by more than
56:35one judge and the court is equally
56:38divided the application shall be
56:39dismissed. The status quo remains. So it
56:42means if you make an application for
56:44review before two judges and those two
56:47judges don't agree, one person says yes,
56:49another person says no, your application
56:51shall be shall be dismissed because the
56:53status quo shall shall remain. Okay,
56:56there shall be no review. And then of
56:59course uh we have five. When an
57:02application for review is granted, a
57:04note therefore shall be made in the
57:05register and the court may at once
57:07rehear the case or make such an order in
57:10regards to the hearing of the case uh as
57:14it thinks fit. So this is simply saying
57:17that should there be need should there
57:19be need okay should there be any need to
57:23do what? Should there be any need to
57:26rehear their matter, the matter could be
57:28heard again, by the way, the court can
57:31set aside the order and then call for
57:33another hearing based on the new
57:35evidence that you have. We can set
57:36another hearing. So the court may order
57:39that as it thinks as it thinks fit.
57:44All right.
57:46Most importantly and the last bit of it
57:48is uh order 45 rule uh rule six. Order
57:52456 provides for no application for
57:55review to review an order made on an
57:59application for a review of a decree or
58:02an order passed or made on a review
58:04shall be entertained.
58:06That is in simple terms you cannot
58:08review a review but you can appeal a
58:10review.
58:12So let us uh make some let's write
58:17something down so that people understand
58:18order six rule six sorry. So James James
58:23here,
58:25okay, James here made sued. So James is
58:29the plaintiff. James sued uh Peter.
58:33So Peter here is the defendant and James
58:36is the plaintiff. So Peter sued for
58:40Peter sued for uh 1 million.
58:44Okay. Peter suit for 1 million and then
58:48that suit was brought in January 2025.
58:52Okay. In March, okay, in March 2025, the
58:58court delivered a judgment dismissing.
59:03Okay. Dismissing
59:06what? Dismissing James's claim against
59:09Peter.
59:11Are we together until there? March 2025.
59:14Are we there?
59:19All right. Now, after that case has been
59:23dismissed,
59:24Peter, sorry, James will have two
59:26options. The first option is to appeal
59:30the judgment dated March 2025. So,
59:33there's a judgment dated March 2025
59:36dismissing,
59:38okay, the case against Peter.
59:42Are we together? That is number one.
59:44Number two,
59:46Peter can decide, sorry, James can
59:48decide to review
59:50the judgment dated March 2025.
59:56Peter can review the judgment, sorry,
59:59James can review the judgment dated
1:00:01June, sorry, March 2025.
1:00:05So assuming that Peter, sorry, James, I
1:00:07don't know why I keep mentioning James.
1:00:09Peter. So James is the plaintiff. the
1:00:11plaintiff has decided that they're going
1:00:13to appeal. So if they appeal it then
1:00:16they will not review. Are we together?
1:00:19So let's assume that they have gone for
1:00:21review. Now because they have decided to
1:00:24review so James has made an application
1:00:27under 45 for review.
1:00:31Review of what? Review of the judgment
1:00:35dated 2025. Okay. That review was filed
1:00:38in uh in April.
1:00:40So he has filed review in April.
1:00:44And then in June 2025,
1:00:48June 2025, guys, I hope you're with me.
1:00:51June 2025, the court again dismisses his
1:00:56application.
1:00:57So the court delivers a ruling in June
1:01:002025, dismissing his application for
1:01:03review.
1:01:05Okay. Now at that moment remember we
1:01:08have two we have two orders. The first
1:01:11order is March 2025 which dismissed his
1:01:15plaint. The second order is a ruling a
1:01:19review ruling dated June 2025 where he
1:01:22had applied for review but the court has
1:01:25dismissed his review application in June
1:01:282025.
1:01:30Okay. Now at that time right now we are
1:01:35in August
1:01:37September sorry. So in September 2025
1:01:44remember there are two things that James
1:01:46cannot do. Number one James cannot
1:01:49review this dismissal. Remember his
1:01:53application for review has been
1:01:55dismissed. Now when your application for
1:01:58review has been dismissed, you cannot
1:02:00find another application for review of
1:02:02that dismissal. That review ends there.
1:02:05You can only review once, you can't
1:02:07review twice. Are we together?
1:02:14So it means in September now James
1:02:17cannot start saying I'm I'm reviewing
1:02:20again that I have another new evidence
1:02:22that I'm going to give to the court. No,
1:02:24you cannot review again. You cannot
1:02:27review. Review again.
1:02:30So you can only review once. Number two,
1:02:33the only option that is available to
1:02:35James now in September is that James can
1:02:38appeal.
1:02:40James can appeal, but James cannot
1:02:43appeal the judgment dated March 2025. He
1:02:47can only appeal against the dismissal of
1:02:50his review application.
1:02:53You can only appeal against the
1:02:55dismissal of your review application. It
1:02:58means the only thing you can appeal
1:02:59against is this June order.
1:03:05Are we together guys? Are we together?
1:03:07Can you understand what I'm saying? I
1:03:11don't know whether I'm too fast or I'm
1:03:12too loud. I don't know which one is
1:03:14which.
1:03:21Okay.
1:03:22So that is to say guys the moment you
1:03:25apply for review
1:03:27let's have to appeal the moment you
1:03:28appeal you lose the right to review the
1:03:31moment you review you lose the right to
1:03:33appeal
1:03:36that is to mean you cannot have two
1:03:38bites at the same cherry are we together
1:03:42you cannot appeal the same order and you
1:03:44can lose review sorry if you lose appeal
1:03:47you review the same way you cannot
1:03:49review it and then if you lose it you go
1:03:51and appeal. No. So if you have the order
1:03:54dated on March 2025, you have two
1:03:57options. You either appeal it or you
1:03:59review it. If you appeal it, you can't
1:04:02review it. If you review it, you can't
1:04:04appeal it. However, if you review it and
1:04:08you lose the review, you can only appeal
1:04:11against the review ruling, not the main
1:04:13judgment that you you are reviewing. I
1:04:16don't know whether they're understanding
1:04:17each other.
1:04:23Guys, are we together? Any question?
1:04:26>> Yes, we are.
1:04:28>> Any question?
1:04:36No question. So, so I want us to start
1:04:39from actually let us start from June.
1:04:42This is April 2025 to 2022.
1:04:47Question three.
1:04:49But I want us to start from question
1:04:51five of um June 2021.
1:04:56Question six, sorry. Somebody read for
1:04:58us question six. Uh and then we can go.
1:05:01There's a question I'm looking for.
1:05:03There's a question I'm looking for that
1:05:05explains exactly what I've said. It is a
1:05:08question in either the 2022 papers or is
1:05:11a question in November 2021. So 2021 or
1:05:14222 October
1:05:16or 2023 April.
1:05:22So that question provides that somebody
1:05:26filed a review. It is in October. If you
1:05:29have the October question, I'm very sure
1:05:31it is 2022 October. If you have it,
1:05:33please uh share it with me. 2022
1:05:36October.
1:05:38Share with me that question. I need to
1:05:40project it so that we can uh we can go
1:05:42through it. All right. Somebody question
1:05:44six.
1:05:47>> A judgment has been rendered in favor of
1:05:49Pamela who has been involved in an
1:05:52accident. General damages for pain and
1:05:55suffering were 100,000 shillings and
1:05:59special damages were assessed at 3,000
1:06:02shillings. Pamela has just discovered
1:06:04that Patrick, her office assistant, has
1:06:07been holding treatment receipts in the
1:06:09amount of 40,000 shillings. Such amount
1:06:13was not awarded in the judgment. Patrick
1:06:16did not know that the treatment receipts
1:06:18were required. Pamela is convinced that
1:06:21justice will not be deserved will not be
1:06:24served if she is not paid the full
1:06:26amount spent on treatment. Using
1:06:28applicable law, advise Pamela on the
1:06:31avenue she can take to recover the
1:06:34amount while providing grounds upon
1:06:36which Pamela can rely on to prosecute
1:06:39the application.
1:06:41All right,
1:06:43>> I have something to
1:06:45>> Yes, you have something you want to tell
1:06:48us something.
1:06:52Please, let's mute our microphones.
1:06:56All right, S. So, I need to see your
1:06:59hands is a free 10 marks.
1:07:03These are free 10 mark question.
1:07:06So tell them first what avenue are they
1:07:09supposed to do to take okay
1:07:13where do they take it uh how do they do
1:07:16it and then the grounds they need to
1:07:19rely on and what they need to show in
1:07:22that ground. Yes guys I'm not seeing
1:07:26your hands up. I'm worried about you not
1:07:29being able to put up your hand.
1:07:40Oh,
1:07:42let's start with career shape something.
1:07:46You've lowered your hand. Please bring
1:07:48it up again.
1:08:03Corer, you've disappeared again.
1:08:07Oh, careers. Uh that is Kore.
1:08:25I'm having a hard time raising it again.
1:08:29>> Just put your hand is up. Your hand is
1:08:31already up. Just proceed. Oh,
1:08:33>> okay. Um I would say review.
1:08:40>> What what about review?
1:08:43>> Okay. I'd advise them to make an
1:08:46application for review of the judgment
1:08:50on the grounds that they have discovered
1:08:53new evidence which was not in their
1:08:57knowledge.
1:09:00Yeah. And if the review is not granted,
1:09:03they would suffer injustice.
1:09:07>> Okay. So you need to tell you need to
1:09:10tell us uh number one
1:09:13uh what they need to do that is make an
1:09:15application for review. The next thing
1:09:18you need to have is where. Okay. The
1:09:22next thing is how and the next thing is
1:09:25the grounds.
1:09:29Are we together? So CH, do you want to
1:09:32try again? I'm not saying whatever
1:09:33you're saying is not right. It is right,
1:09:34but you need to structure it in that way
1:09:37so that it guarantees you uh more marks.
1:09:40So
1:09:42what are they supposed to do? What?
1:09:46Okay,
1:09:48how are they supposed to do it?
1:09:50Okay, that is number two. Where are they
1:09:55supposed to do it?
1:09:57Number three, what grounds are they
1:09:59supposed to rely on?
1:10:04Kazi Kazi.
1:10:08>> Okay. They they supposed to make an
1:10:10application for review to the same court
1:10:13that rendered the judgment.
1:10:16>> Mhm.
1:10:17>> Yeah.
1:10:20You said what is the next thing that we
1:10:22should
1:10:23>> how?
1:10:25>> Okay. via notice of motion under
1:10:29uh rule order 45 and section 80 of the
1:10:33civil procedure act.
1:10:36>> Mhm.
1:10:38>> Yes. And the grounds will rely on is
1:10:40they have discovered new evidence which
1:10:45after like after they had done their due
1:10:47diligence it was not in their knowledge
1:10:50and
1:10:52the court should consider it like if if
1:10:55it is not considered if the review is
1:10:56not considered they stand to suffer
1:11:00injustice.
1:11:03>> All right.
1:11:05So essentially uh what you've said is
1:11:07very accurate and very right. So they
1:11:09just need to make an application for
1:11:11review under order 55 of the civil
1:11:14procedure rules and that application is
1:11:16made to the same court that passed the
1:11:18judgment uh the same court that passed
1:11:20the judgment. Okay. And they ask the the
1:11:23court to do what to review the judgment
1:11:25by adding uh the additional uh 40,000 uh
1:11:29which is uh the treatment notes. Okay.
1:11:33Now, how do they make that application?
1:11:35Of course, in the supporting affidavit.
1:11:36Sorry, in the notice of motion and
1:11:38supporting affidavit. Notice of motion
1:11:40and the supporting affidavit. Notice of
1:11:42motion and supporting uh affidavit.
1:11:46And then what are the grounds? In their
1:11:48grounds, they'll be indicating that they
1:11:50have discovered new and compelling
1:11:52evidence which of course were not in
1:11:54their custody at the time of at the time
1:11:58of uh filing the suit. That is all that
1:12:02you need to have. That is all you need
1:12:04to have to advise Pamela. That is all
1:12:08you need to advise I mean you need to
1:12:10have for you to advise Pamela
1:12:12conclusively.
1:12:16Are we together everybody? Is a simple
1:12:20question 10 marks free of charge.
1:12:36Any
1:12:47question?
1:13:10All right, no question. So, let's go and
1:13:13talk about the April paper. I'm waiting
1:13:15for you guys to send me that question
1:13:16I'm looking for. I'm very sure it is in
1:13:18October.
1:13:20So,
1:13:23uh it also requires you to Yes, I can
1:13:26see the October question. Let me see if
1:13:27it is here.
1:13:45Mhm.
1:13:47Just give me one second.
1:14:08No, it's not in October. Somebody sent
1:14:10me 2023.
1:14:12The two papers in 2023. I don't It is
1:14:15not in October.
1:14:17I thought it was a Peter Brown question,
1:14:19but it's not.
1:14:31Uh-huh.
1:14:34But anyway, meanwhile, somebody's
1:14:36sending that question. Uh let us uh
1:14:40let us go straight into uh question
1:14:44three.
1:14:45uh of uh 2022 April. Somebody read
1:14:52>> a notice of motion dated 18th of January
1:14:552021 and filed by the appalant under
1:14:59section 80 and 3A of the civil procedure
1:15:03act and order 45 rule one of the civil
1:15:07procedure rules. six a review of the
1:15:10court order issued on 25th of December
1:15:132020 and that the apparelant be allowed
1:15:16to deposit 500,000
1:15:19Kenya shillings as a security in a joint
1:15:22interest earning bank account within 45
1:15:26days. The appellant contends that she
1:15:29has made every effort to secure half of
1:15:32dital sum as ordered by the court but
1:15:35all efforts have borne no fruits and
1:15:39that the present application is filed
1:15:41without unreasonable delay.
1:15:44Uh
1:15:46the respondent opposed the application
1:15:50arguing that there is no sufficient
1:15:52reason given for the order sought and
1:15:56that the court in the exercise of its
1:15:59jurisdiction is not dependent upon what
1:16:02the applicant is willing to offer as
1:16:05security.
1:16:06In addition, the respondent notes that
1:16:09courts make decision based on law and
1:16:11not pity. The orders sought to be
1:16:14reviewed were pursuant to an application
1:16:17seeking stay of execution for a decree
1:16:20awarding the respondents a sum of 1.8
1:16:23million. In the said application, the
1:16:26applicant pleaded financial difficulties
1:16:29and sought the court's lenience. The
1:16:31court considered the matter raised in
1:16:33the application and ordered the
1:16:35appellant to deposit 900,000
1:16:39in a joint interest account operated by
1:16:42parties advocates. Draft the ruling on
1:16:46the issues raised as well as merits and
1:16:48demerits of the case. 10 marks.
1:16:55All right,
1:16:58Somebody
1:17:27Guys, guys, guys,
1:17:30guys.
1:17:32What is this question about? Let's just
1:17:35attack it from that point. What is it
1:17:36about?
1:17:57Yes. Qu.
1:18:08Mhm.
1:18:23who Hussein Zubar
1:18:26please talk to us.
1:18:28>> Yes. Um I'm just going to respond to
1:18:31your question and
1:18:34from that reading my understanding is
1:18:37the question is about the grounds for
1:18:40review whether the the applicant has
1:18:43given sufficient grounds for review as
1:18:45per order.
1:18:48>> Okay.
1:18:50And uh quickly in your in your opinion
1:18:55has it
1:18:59>> um not not really. It hasn't.
1:19:03>> And why is that?
1:19:06because um there's no new and compelling
1:19:10evidence cuz an order was already given
1:19:13uh an order was awarded to the
1:19:15respondent for them to for
1:19:19to settle a sum of 1.8.
1:19:26So unless they're saying that 1.8 eight
1:19:30is wrong. That is mistake on error or
1:19:34error apparent then that is not a ground
1:19:37that is available to them. Number two is
1:19:40we're not seeing whether there's new and
1:19:41compelling evidence that was neither
1:19:44within the knowledge of the respon the
1:19:46appellant applicant or neither is it
1:19:49compelling. So that is not a ground
1:19:50available to them. However, for any
1:19:53other reason that the court may give fit
1:19:57um should I'm not sure what
1:20:01what the discretion of the court is in
1:20:03this instance for the third ground but
1:20:06if they're coming under that
1:20:09then I I believe the court would have to
1:20:12consider
1:20:14um the initial order that was issued
1:20:16against the
1:20:19and um in this I'm not seeing um any
1:20:24grounds that are sufficient for them to
1:20:26to be granted this uh review uh
1:20:30application.
1:20:32All right.
1:20:35So guys, I want you guys to go and draft
1:20:37that ruling. I want you to go and draft
1:20:39that ruling. And the question is whether
1:20:41that application is merited or not
1:20:42merit. That is the only issue there. So
1:20:45remember the the structure of a ruling,
1:20:46the summary of the applicant's case, the
1:20:49summary of the uh the respondent's case,
1:20:51the issues for determination is whether
1:20:53that application is merited. The rule of
1:20:56law applicable is order 45. Order 45 is
1:20:59the rule of law applicable in terms of
1:21:00the grounds upon which the court may uh
1:21:03may award a review or may review an
1:21:06application and then you give us the
1:21:08analysis and you give us your conclusion
1:21:10as the order of the court and then it
1:21:12must be dated. It must be signed. I want
1:21:14you to draft that. I've already given
1:21:16you everything. The facts are already
1:21:17there. The issues are already there. The
1:21:21rule of law applicable is 45. The
1:21:24analysis and conclusion.
1:21:26So, draft that ruling and if you so
1:21:28wish, I can review it for you uh if you
1:21:32draft it. All right. Now, that being
1:21:35said, I just found another question uh
1:21:37the one I was talking about which is
1:21:39November 2023 question. Uh should be
1:21:42question two. You can see it. I hope. Uh
1:21:46this is a November of 2023.
1:21:50It wasn't a very bad paper. A very good
1:21:52paper.
1:21:54Uh it is a very very very
1:22:05good. So question two, Juliet. I'm going
1:22:09to read that question. We can discuss it
1:22:11and then we can uh we can uh uh add John
1:22:19>> Juliet filed a suit against Peterson
1:22:22seeking maintenance of a minor on 27th
1:22:25of May 2021. The trial magistrate issued
1:22:30some maintenance orders against Peterson
1:22:33agreed by the S ruling and order.
1:22:36Peterson filed an application seeking
1:22:38review of the orders issued on 27th of
1:22:42May 2021. On 4th of November 2021 in a
1:22:46well resigned ruling, the trial
1:22:49magistrate dismissed the application for
1:22:51review again agrieved by the ruling of
1:22:54the trial magistrate delivered on 4th
1:22:56November 2021.
1:22:58Peterson filed an appeal on 30th of
1:23:01November 2021.
1:23:03A reading of the memorandum of appeal by
1:23:06Peterson reveals that he is challenging
1:23:08both the ruling dated 27th May 2021 and
1:23:13the other dated 4th of November 2021.
1:23:17Juliet has raised a preliminary
1:23:19objection challenging the competence of
1:23:21the appeal. The preliminary objection
1:23:24has been argued and a ruling date has
1:23:27been given. You're the judge's legal
1:23:30researcher and he has requested you to
1:23:32prepare a draft ruling proceed.
1:23:35>> All right. The same thing. So first
1:23:38before you prepare a ruling, give me
1:23:40your opinions. Do you think this appeal
1:23:41is competent uh or is it incompetent?
1:23:46Give me your reasons and then you can go
1:23:48and draft that appeal that ruling.
1:23:53Guys, you can see these things are not
1:23:54rocket science. Huh? Just obvious things
1:23:57that uh we we do every day.
1:24:02Just the obvious things that we do every
1:24:05day.
1:24:06Nothing special.
1:24:08So tell me
1:24:11is this application uh is it appeal is
1:24:14it appeal is it competent or not?
1:24:19Juna ever please proceed.
1:24:24Um I think the application is the
1:24:27application is not competent because
1:24:29you've mentioned that if you're going to
1:24:31appeal um I mean if you're going to
1:24:32appeal and you're appealing after you've
1:24:35made an application for review the the
1:24:37appeal must only be based on the um
1:24:40order that was given after you re you
1:24:43applied for review. In this instance
1:24:45he's applying he's challenging both the
1:24:47ruling on the 1st 27th and 1st November.
1:24:51So it is incompetent on the basis that
1:24:54it is challenging the first order that
1:24:57was given.
1:25:00>> Okay,
1:25:02that is right. So guys, you can't appeal
1:25:06and review at the same time. So the
1:25:09first order, the first order see uh the
1:25:14issues uh I mean the the orders for
1:25:16maintenance were issued uh on the 27th
1:25:19of May. Okay. On the 4th of November,
1:25:24uh sorry,
1:25:26so on the 27th of May 2021,
1:25:30uh there was an issue of an of
1:25:32maintenance orders against Peterson.
1:25:34Agrieved by the said ruling, Peterson
1:25:37filed for the review. Okay. On the 4th
1:25:40of November, the review decision or the
1:25:43review ruling was delivered dismissing
1:25:45his his review. Now at this time Peter
1:25:49can only can only appeal against the
1:25:52review the review ruling because there
1:25:55is no remedy again against the 27th of
1:25:58May May ruling. The only thing that
1:26:01Peter can deal with is the 4th November
1:26:042021. Now in that 4th November 2021
1:26:07decision, Peter can only appeal it. He
1:26:10cannot review it again. Now for him, he
1:26:12has filed an application. So he'll file
1:26:14an appeal dated 30th of November and a
1:26:17reading of that application memorandum
1:26:19of appeal reveals that it's challenging
1:26:20both the ruling dated the uh 27th of May
1:26:23which is the first one and also the 4th
1:26:26of November a ruling which was
1:26:29dismissing is uh is reviewed. So based
1:26:32off that that application is
1:26:34incompetent. So you cannot review
1:26:39a review number one. It means once the
1:26:42court has made a decision on your review
1:26:44application, you cannot review again.
1:26:46Number one. Number two, once you have
1:26:48reviewed, you cannot go back and appeal
1:26:52the same decision you are you are
1:26:54reviewing.
1:26:57The same decision you are reviewing is
1:26:58now not available for not available uh
1:27:02for appeal. Sorry for I mean for for for
1:27:05appeal let me give an example
1:27:08if for instance in the case uh in the
1:27:12case um
1:27:15let's go back
1:27:17so that can use as an example so in this
1:27:19question Pamela has been awarded 100,000
1:27:23okay 100,000 as damages okay now she
1:27:28wants to review so that she can be added
1:27:3040,000
1:27:32Okay. Now, the first option before she
1:27:35reviews, she can appeal. She can appeal
1:27:38that decision so that she can be added
1:27:40the 40,000. But she's now not appealing.
1:27:44She's applying for review. Okay. To add
1:27:46the 40,000. Now, if the court delivers a
1:27:49judgment refusing to give her the
1:27:5240,000, sorry, ruling uh refusing to
1:27:54give her the 40,000, she can only appeal
1:27:58against that ruling by saying that the
1:28:00magistrate had in law and in fact by
1:28:03refusing to review my application or
1:28:07review my my decree.
1:28:10That is what you can go and tell the
1:28:11court that the magistet add in law and
1:28:14uh in fact by refusing to review but you
1:28:18cannot go and say that the magistet add
1:28:20in law and in fact by awarding me
1:28:23100,000 that issue of 100,000 is done
1:28:26and closed why because you decided to
1:28:28review now we are dealing with review
1:28:30you can only appeal the review decision
1:28:32but you cannot touch the first ruling or
1:28:35the first judgment I hope that is clear
1:28:38so again I would expect you to go and
1:28:40draft a ruling on that extent. Uh sit
1:28:44down with that ruling very patiently.
1:28:47In a in an exam, the examiner is looking
1:28:50at a few things. The first thing the
1:28:51examiner is looking for is the caption.
1:28:54The second thing the examiner is looking
1:28:56for are the parties, the word ruling.
1:28:59Just give me one second right now.
1:29:10One second right now.
1:29:18All right. So, should be somewhere
1:29:20there.
1:29:26Uh,
1:29:30I can't see it, but I wanted to show us
1:29:32something.
1:29:34Let me search for it.
1:29:38There it is.
1:29:46So I'm going to project my screen
1:29:49for a second just to show us what a
1:29:51skeleton ruling looks like. What you are
1:29:53expected to draft in any instance. Uh
1:29:56that will be it.
1:29:58So we are going to have the caption
1:30:01uh which is generally the caption of the
1:30:03case. We're going to have the parties.
1:30:05We're going to have the ruling. If it is
1:30:07a judgment we're going to write it there
1:30:08judgment. And then after that we are
1:30:11going to have the facts. So the facts
1:30:13the facts. So the facts are divided into
1:30:16two. The summary of the applicant's case
1:30:20and the summary of the respondent's
1:30:22case. And then we go to the issues for
1:30:25determination. So at this point you get
1:30:27a tick for the caption, you get a tick
1:30:29for the facts, you get a tick for the
1:30:31issues. Okay? And then the rule of law
1:30:33applicable which of course you can
1:30:35always combine with your analysis. For
1:30:38instance, you talk about order 45 or the
1:30:40civil procedure rules or if you don't
1:30:43know order 45, you just provide the
1:30:46civil procedure rules provide. Okay? And
1:30:49then you give us your analysis. Your
1:30:52analysis is whether
1:30:55the facts of the question are consistent
1:30:58with the law. So this is where you are
1:31:00telling us that Pamela did this or that.
1:31:04Who is that guy? Who is our guy in
1:31:08um Peterson? Yes, that Peterson filed an
1:31:12application for review. um and then the
1:31:15order was delivered and then is now
1:31:18appealing the same decision he has
1:31:19already reviewed or and appealing the
1:31:24review decision as well. So for that
1:31:26that's your analysis just marry the fact
1:31:28and the law and then you come and give
1:31:30us you come and give us uh your final
1:31:32orders of the court uh which are your
1:31:36decisions that the application dated
1:31:38this or this appeal is hereby the appeal
1:31:41dated this is hereby dismissed and then
1:31:44you make an order as to cost you date it
1:31:47and you sign it is signed by the judge
1:31:50but if you are a researcher you don't
1:31:52sign you just leave it the judge will
1:31:54the judge signage.
1:31:57I don't know whether we're on the same
1:31:59page.
1:32:05>> Yes, we are.
1:32:07>> So that is your assignment.
1:32:11>> That is your assignment.
1:32:16>> It is not very hard just for you to just
1:32:18try and train yourself. see whether the
1:32:22things you can uh see whether the things
1:32:24you can uh you can do any question
1:32:27before we close
1:32:32uh thank you Jack my question is can a
1:32:35preliminary objection succeed partly
1:32:39for example in the question that we've
1:32:41looked at maybe you allow the PO to the
1:32:44extent of this appalant
1:32:48only re reviewing Uh, okay. Baking an an
1:32:52application for appeal against the
1:32:54ruling that that has been viewed.
1:32:57>> I'm losing you. Uhhuh. Your question is
1:33:00>> My question is can a PO succeed partly
1:33:04or do you have to dismiss the all
1:33:06application?
1:33:07>> But you see now the PO how can he
1:33:09succeed partly? The PO is challenging
1:33:12the appeal by saying that the appeal is
1:33:14competent. So there's only one answer
1:33:15you need to answer there. It is
1:33:17competent or not competent.
1:33:22you get.
1:33:25So it can it can a PO can succeed partly
1:33:29the same way an application can succeed
1:33:31partly. But for this question that you
1:33:33have there's only one thing
1:33:36whether it is competent or not
1:33:38competent. So you can only it can either
1:33:40succeed in food or fail in food.
1:33:49Are you together?
1:33:52>> Yes. Thank you.
1:34:14Uhhuh.
1:34:23Stop. Now I I I wanted to
1:34:32>> I wanted to find out um
1:34:34>> I I I I think I've understood what you
1:34:37taught us about review and appeal. I I
1:34:40recently saw and I think I was part of
1:34:43that group where um
1:34:47the school increase school fees and then
1:34:50the parents went to court then the court
1:34:52high court issued an order stopping the
1:34:54increment of the fees. So the school
1:34:56went for
1:34:58review uh at the court at the same time
1:35:00did an appeal.
1:35:03Um but the judge listened to the to the
1:35:07review and of course in his ruling the
1:35:10only thing I saw he said is the the
1:35:12school was behaving like a whereby it
1:35:14was going through but he didn't dismiss
1:35:17it he went he listened. So in such a
1:35:19case what why why would then the judge
1:35:23go ahead and hear the review at the same
1:35:25time she was aware there was an appeal
1:35:28but only the thing she did is is to
1:35:30castate the client for um giving the
1:35:34kahena
1:35:36the
1:35:38>> you need to I think at some point the
1:35:41judge cannot entertain
1:35:44both then the appeal will not be
1:35:47entertained. the appeal will not be
1:35:49competent once the application has been
1:35:51entertained. But remember something I
1:35:53failed to mention that I need to mention
1:35:55also make very clear is that if you have
1:35:58two parties in a case if you have two
1:36:00parties in a case one can decide to
1:36:02review one can decide to appeal. Okay.
1:36:06For instance, if if Aayumba is suing
1:36:11both Jackson and Kinako, first defendant
1:36:14and second defendant, the defendants
1:36:16will decide each of them will decide
1:36:18what they're doing. Me I can decide to
1:36:20appeal. Kinako can decide to review that
1:36:23is that is so this my appeal will not
1:36:26affect your review and your review will
1:36:29not affect my appeal.
1:36:32You get but you cannot have all you
1:36:35cannot have both. You cannot have you
1:36:37the same person you are telling the
1:36:39court review for me at the same time the
1:36:42other side you are telling the court
1:36:43appeal. No that cannot happen just one
1:36:46at a time.
1:36:48Okay.
1:36:52>> Okay.
1:36:54>> Okay.
1:36:58>> Uh I'm so sorry. I just wanted to
1:37:01confirm the the year of the papers.
1:37:06>> Oh, this uh the 223 paper I can just for
1:37:10all of them in the group but uh I'm very
1:37:12sure you guys are
1:37:14>> able to get it from wherever. So the
1:37:162021 paper 2021 June uh we have the
1:37:20April 2022 2021 June
1:37:24>> April 2022
1:37:26and November 2020 uh 2023.
1:37:31>> Oh thank you so much.
1:37:34>> You're welcome.
1:37:36All right. I hope that is an old hand.
1:37:45My name is and you have answered my
1:37:47question. Thanks. Let me wait.
1:37:49>> All right.
1:37:52So let's go to so there's no other
1:37:54question. So I want to stop the in the
1:37:56next class on Monday we shall start on
1:37:58appeals actively. Uh we shall discuss
1:38:00appeals all of appeals. We shall drop
1:38:02the morum of appeal in both instances.
1:38:05It's a very interesting discussion. uh
1:38:07we shall also endeavor to come back with
1:38:09questions on appeals so that once we are
1:38:13done with that topic we can look at a
1:38:14few questions and then move straight to
1:38:17judicial review uh cost taxation and
1:38:21then embark on purely purely past paper
1:38:25revision.
1:38:29All right. So guys, it's been a
1:38:32pleasure. It's a good Saturday. I will
1:38:35see you tomorrow at 200 p.m. for LPM
1:38:38accounting. See you then. Take care of
1:38:41yourself. Be good and I shall speak to
1:38:44you then. Please make sure you get the
1:38:46recording in good time. Get the
1:38:49recording right now uh so that uh we can
1:38:52uh do other things. For those of you
1:38:54that are doing other things,

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