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Edward Njuguna Kangethe v. Joel Kiema Mutinda & Violet Ndanu Mutinda

(2015) JELR 105381 (CA)

Court of Appeal  •  Civil Appeal (Application) 98 of 2013  •  2 Oct 2015  •  Kenya

Philomena Mbete Mwilu, Jamila Mohammed, James Otieno Odek




1. Before us is a Notice of Motion dated 27th June, 2013 and filed on 28th June, 2013 brought pursuant to Rules 42, 75, 77, 84, 87 and 90 of the Court of Appeal Rules (the Rules). The applicant seeks the following orders:

i. This Appeal No 98 of 2013 be struck out.

ii. The costs of this application and of the appeal itself be awarded to the applicant.

iii. Such other and/or further relief be granted as this honourable court might deem fit and just to grant in the unique circumstances of this matter.

2. The grounds upon which the applicant relies in support of his application are outlined in the notice of motion and are that the notice of appeal is incurably defective and hence invalid and incompetent and the same does not lie; the appellants/respondents are attempting to defraud this Court by filing two different notices of appeal and using them to hoodwink this Court; one Notice of Appeal dated 18th October, 2013 was served on the respondent/applicant out …

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