The applicant moved the Court for revision from the
proceedings and judgment of the High Court, Land Division in Land Case No. 81
of 2009. It is common ground that the applicant was a plaintiff and the
Respondent a defendant in the suit before the High Court. After the completion
of the trial parties were ordered to file their written closing submissions and
judgment was reserved to a date to be notified. However, no such notice was
made to the parties as ordered by the trial Judge. After a long wait for the
notice, the applicant’s advocate came to learn that the long awaited judgment
had been delivered in chambers on 29th December, 2015 by the Deputy
Registrar of the High Court (Land Division) at the time in the absence of the
parties to the suit and/or their advocates.
That judgment was against the applicant who, though
aggrieved, could not challenge it because, according to him, there was no valid
judgment from which he could have taken up an appeal. It is for the above
reason, that the applicant filed this application.