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Joseph Kamau Musa, James Karuiki Muchiri, David Muchiri, Ruigu Njiriri & Joseph Njeru Boro & 29 others v. Ereri Company Ltd, Gikonyo Ndirangu, Ruigu Kabucho & George Kamau Gikanga

(2006) JELR 105355 (CA)

Court of Appeal  •  Civil Appli 361 of 2001  •  28 Jul 2006  •  Kenya

Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, William Shirley Deverell



ON REFERENCE TO FULL COURTBy their notice of motion dated 16th October, 2001 and lodged in this Court on 18th October, 2001 and which was brought under Rule 4 of the Court of Appeal Rules, Joseph Kamau Musa and thirty-three other named persons applied to a single Judge of the Court for an order:

“(a) That the time within which the applicants will lodge notice of appeal and record of appeal from the Judgment of M/s (sic) Justice Mbito dated 19/11/97 delivered in HCC (sic) No. 3746/88 as consolidated with HCC (sic) No. 3200/90 be enlarged by a further 30 days.”

That motion was heard by Bosire, J.A on 25th July , 2002 and by his Ruling dated and delivered on 29th July, 2002, the learned Judge refused to exercise in favour of the applicants the unfettered discretion conferred on him by Rule 4 and dismissed the applicant’s motion with costs. This is a reference to the full Court from that refusal. Mr. S.M. W. Kinuthia who has always fought gallantly on behalf of the applic…

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