GABRIEL MWAURA NG'ANG'A V. LAWRENCE ITUBE NG'ANG'A & PATRICK KINUTHIA NG'ANG'A

RULING OF THE COURT

Mr. Rumba Kinuthia, for the appellant, concedes that he applied for, and obtained leave to appeal without serving the application on the respondents who were consequently not heard at all. They were entitled to be heard and the appellant cannot be allowed, at any rate in this Court, to take advantage of an order irregularly obtained. That being the case, we allow the motion and strike out the notice of appeal dated 17^th October, 1995 and Civil Appeal No. 218 of 1995. The respondents will have costs of both the motion and of the appeal.

Dated and delivered at Nairobi this 25^th day of April, 1996.

R.O. KWACH

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JUDGE OF APPEAL

R.S.C. OMOLO

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JUDGE OF APPEAL

P.K. TUNOI

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JUDGE OF APPEAL

I certify that this is a true

copy of the original.

DEPUTY REGISTRAR