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Joseph Muriithi Njiru v. Teresia Wanja Raymond

(2008) JELR 100635 (CA)

Court of Appeal  •  Civil Appli. Nai 277 of 2006  •  23 May 2008  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu

Judgement

RULING OF THE COURT

The first objection taken to this reference from the decision of a single member of the Court is that it was lodged in Court out of time without leave and, therefore, is incompetent. Under Rule 54 (1) (b) of the Court’s Rules a party who wishes to refer to the full Court a decision made by a single Judge of the Court has two options:-

(i) such a party can informally inform the Judge, immediately the decision is given that he intends to refer the matter to the full Court; or

(ii)if he does not adopt the first option, he must, within seven days of the decision to be referred to the full Court, write to the Deputy Registrar of the Court asking that the decision be referred to the full Court.

The decision the subject of the reference herein was made by the single Judge on 25th October, 2007. It appears from the record that the applicant Joseph Muriithi Njeru was present in Court when the decision was delivered. His advocate, Mr. Kariithi, appears to have been absent. No in…

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