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JAMES MWASHORI MWAKIO V. KENYA COMMERCIAL BANK LTD

(1998) JELR 101365 (CA)

Court of Appeal  •  civil appl no.nai.59 of 98  •  4 Jun 1998  •  Kenya

Coram
Johnson Evan Gicheru, Philip Kiptoo Tunoi

Judgement

RULING OF THE COURT

We have before us a most intriguing application by which the applicant, Mr. James Mwashori Mwakio, a very common and frequent litigant in our courts, seeks "orders, not by for review of any judgment but for judgment to execute Court of Appeal judgment of 3rd April, 1984 disobeyed."

In the body of the Notice of Motion filed by the applicant he puts it this way:

"James Mwashori Mwakio, the applicant, realizing that the Court of Appeal declined to write judgment on appeal 156/97 on the misconception that it was being requested to review a judgment, whilst in substance, it was being asked to enforce its judgment of 3rd April, 1984 disobeyed in the High Court, shall seek order that it writes true and fair judgment as for order v. rule 20 on the 47 grounds of the Appeal, tackling each of the 16 petitions by giving solution and reasons therefore as per evidence given in the appeal record and the authority record considering the following 50 grounds:"

When the said application…

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