The First Respondent named above raised two points of preliminary objection; One, the application is bad in law and incompetent for not being accompanied with the decree contrary to the provision of Order XUI rule 1(1)/ (3) relied upon by the Applicant; Two the application is bad in law as the court is functus offido in that the court’s hands are tied from departing from its final order.
The court had this to say:
There is no provision under the Civii Procedure Code which requires a drawn order to accompany an appiication for review; Order XLII, ruie 3 of the Civii Procedure Code 1966 oniy requires the form ofpreferring appeais to appiy, mutatis mutandis, to be used in appiication for review”.
I therefore go along with the argument of the learned Advocates for the Applicant that attaching a copy of a decree to the application for review. Is not a legal requirement according to the Court of Appeal which we are bound by It.
