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Bernard Njeru Kinyua v. Kenya Tea Development Agency

(2010) JELR 106839 (CA)

Court of Appeal  •  Civil Application 264 of 2009  •  19 Nov 2010  •  Kenya

Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Joseph Gregory Nyamu



The notice of motion dated 29th July 2009 and filed on 3rd August 2009 was heard by a single Judge on 12th May 2010. In a reserved ruling delivered on 24th June 2010, the learned single Judge dismissed the application stating in his concluding remarks thus:- “In that event I have absolutely no basis for exercising the courts’ discretion in favour of the application. Consequently I dismiss the application filed in this Court on 3rd August 2009, but direct each party to bear his/its own costs thereof.” The applicant felt aggrieved by that ruling. In a letter addressed to the Deputy Registrar of this Court dated and delivered on the same day of the ruling i.e. 24th June 2010, the applicant invoked the provisions of rule 54 of this Court’s Rules and requested for a reference. That is what came before us on 3rd November 2010. The notice of motion which was dismissed by the learned single Judge sought only one order and an order for costs. The order sought was:- “1. That …

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