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David Morton Silverstein v. Atsango Chesoni

(2001) JELR 102816 (CA)

Court of Appeal  •  Civil Application Nai 189 of 2001  •  5 Nov 2001  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu

Judgement


IN THE COURT OF APPEAL

AT NAIROBI

CORAM: OMOLO, BOSIRE and O'KUBASU, JJ.A.

CIVIL APPLICATION NO. 189 OF 2001

DAVID MORTON SILVERSTEIN ........................................... APPLICANT

AND

ATSANGO CHESONI .......................................................... RESPONDENT

(An application for stay of proceedings in an intended appeal from a ruling of the High Court of Kenya at Nairobi (Aganyanya and Rimita JJ) dated 26th April, 2001

in

H.C.C.A. NO. 105 OF 2000)

***************

ORDER OF THE COURT

We have raised with counsel the issue of whether there is any provision in the Civil Procedure Act, the rules made thereunder or any other provision, eg. case law, which permits the High Court, on an application made by way of a notice of motion, to strike out an appeal, that is, can a party apply to the High Court on a notice on motion to strike out an appeal and if so, under what provisions? This matter was not raised in the High Court and we appreciate that counsel were not prepared to deal with i…

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