Login Register


(1979) JELR 102709 (CA)

Court of Appeal  •  Civil Application NAI 3 of 1979  •  30 Jul 1979  •  Kenya

Chunilal Bhagwandas Madan, Cecil Henry Ethelwood Miller, Kenneth D Potter



This application by motion arises from a ruling of the High Court which refused the applicant leave to appeal against an order made by the same Court on 24th November 1978, whereby possession of the suit premises was directed to be given to the respondent in somewhat unusual circumstances in view of the state of the pleadings in the suit. The application also asks that time to file the appeal be extended by thirty days.

Nyarangi J said in his ruling (although it is headed “judgment”):

To save costs and time and in the interest of justice, I decide that the applicant should seek the leave of the Court of Appeal to appeal to that Court, giving his reasons for seeking to appeal. Any such reasons would, if necessary be considered by the Court of Appeal. As far as this Court is concerned, the application must fail. Costs in the cause.

So the applicant has come to this Court to seek leave to appeal. He has set out his reasons for wanting to appeal in his application, which, even if the…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login