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JAMES MWASHORI MWAKIO V. KENYA COMMERCIAL BANK LTD.

(1997) JELR 104396 (CA)

Court of Appeal  •  civil appl no. nai. 135 of 97  •  20 Jun 1997  •  Kenya

Coram
Philip Kiptoo Tunoi

Judgement

RULING

Civil Appeal Number 48 of 1997 was struck out on June 6th, 1997, because the record of appeal did not include some pages of the ruling appealed against as is mandatorily required by rule 85 (1)(g) of the Rules. Immediately thereafter, the applicant, the appellant in the said appeal, lodged this application which is the third in his attempts to lodge a proper record of appeal. I agree with Mr. Le Pelley, counsel for the respondent, that the respondent has actually been harassed by the applicant in such frivolous and vexatious proceedings and that the respondent should not be put to the expense of the applicant's further attempts to file his intended appeal. I also agree with him that the decision of Pall, J. (as he then was) may be perfectly correct. But I am not now hearing the substantive appeal. However, in all the circumstances of the case, I am disposed to exercise my discretion in favour of the applicant so that his complaint may be ventilated by this Court on merits and de…

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