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Chris Mahinda t/a Nyeri Trade Centre v. Kenya Power & Lighting Co Ltd

(2005) JELR 103208 (CA)

Court of Appeal  •  Civil Application Nai 174 of 2005  •  18 Nov 2005  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, William Shirley Deverell

Judgement

RULING OF THE COURT

This is an application by Mr. Chris Mahinda representing himself brought under section 3(2) of the Appellate Jurisdiction Act, Rules 42 and 56 (2) of the Court of Appeal Rules (the Rules).

The applicant seeks the following orders:-

1. That the Honourable Court be pleased to assert its inherent jurisdiction to rescind its own orders.

2. That the Honourable Court be pleased to substitute its order dated 10th June, 2005 with an order dismissing the respondent’s application dated 9th August, 2004 and allow the appeal with costs to the applicant.

3. That the taxation in C. A. No.148/2004 be stayed pending determination of this application.

The application is brought on the grounds that:-

(a)The ruling of the court grossly violated the law on Advocates Act and the Law Society of Kenya Act and is a gross travesty of justice.

(b)The ruling of the court deprived the applicant of the protection of law and allowed injustice to be occasioned on him in respect of rule 22 (2) of the co…

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