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DAVID KONGO v. NJOROGE NJUGUNA

(1997) JELR 102983 (CA)

Court of Appeal  •  Civil Appli 372 of 1996  •  4 Jun 1997  •  Kenya

Coram
Johnson Evan Gicheru, Akilano Molade Akiwumi

Judgement

RULING OF THE COURT

The reference before us which has been brought under rule 54 of our Rules, is from the ruling dated 25th February, 1997, of Tunoi, JA sitting as a single Judge of this court, striking out the applicant’s application for extension of time to file an appeal. Tunoi, JA had held that “as far as the issue of extension of time to lodge appeal out of time is concerned”, he was bound by an earlier ruling in a reference to the full bench of this court dated 2nd October, 1996, which upheld the ruling of Omolo, JA sitting as a single Judge in an application before him by the same applicant for extension of time to file the same appeal. For this reason Tunoi, JA, concluded that as a single Judge of this Court, he had no jurisdiction to “sit in judgment of the decisions of Omolo, JA and of the full bench”. He then struck out the application with costs for the respondent.

But what was the decision of Omolo, JA which was upheld by the full court? It was that the application then be…

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