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(2014) JELR 105487 (CA)

Court of Appeal  •  Civil Application 40 of 2012  •  17 Jan 2014  •  Kenya

Daniel Kiio Musinga



By an application dated 18th October, 2012, the applicant sought the following orders:

"1. That leave be hereby granted to the appellant/applicant to sue in formal pauperis in terms of the annexed statement and affidavit.

2. That the applicant/appellant (sic) proposed record of appeal be deemed as duly filed upon granting leave to sue as a pauper."

The application was brought under Order LI rule 1 and XXXIII rules 1, 2 and 8 of the Civil Procedure Rules, 2010.

When the application first came up for hearing on 23rd October, 2013, Otieno, JA, rightly pointed out that under rule 115 (2) of the Court of Appeal Rules, the Registrar is required to be heard on such an application, which ought to have been brought under rule 115 (1) of this Court's Rules. He therefore directed that the application be placed before the Deputy Registrar to state his position on the same.

The record shows that on the same day the applicant appeared before Mr. H. Adika, Deputy Registrar, who heard the applicant …

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