1.By notice of motion dated July 3, 2023, Applicant seeks an order of review of these court’s orders dated April 20, 2023.The motion is supported by an affidavit sworn by the Applicant on June 30, 2023 to which is annexed this court’s ruling dated April 20, 2023 and Certificate of Confirmation of Grant dated August 12, 2015.
2.Respondent opposed the application by her replying affidavit sworn on July 14, 2023 in which she deposed that there was no ground for review of the orders issued in her favour on April 20, 2023.
Analysis and determination
3.I have considered the application in the light of the affidavits on record vis a vis the court’s order dated April 20, 2023.
4.The law governing issues of review orders is anchored under section 80 of the Civil procure Act and order 45 (1) of the Civil Procedure Rules. Under order 45(1) of the Rules, a party seeking review must prove that the application is filed without unreasonable delay; discovery of new or important matter or evidence which after the exercise of due diligence, was not within his knowledge, or could not be produced by him at the time when the decree was passed or the order made; or on account of some mistake or error apparent on the face of the record or for any other sufficient reason. This position was emphasized in the case of In re Estate of Maero Tindi (Deceased)  eKLR.
5.A reading of the order dated April 20, 2023 demonstrates that it has an error in that it does not conform with the orders in the certificate of confirmation of grant dated August 12, 2015. The error is apparent on the face of the record and this court is obligated to correct it by an order of review.
6.From the foregoing, it is hereby ordered: